Opinion
CASE NO.: SC13-1429 Lower Tribunal No.: 2D13-501 Lower Tribunal No.: 97-CF-13675
04-15-2014
JOHNNIE F. HOWARD Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Petitioner's "Motion to Treat Brief on the Merits as a Supplement Appendix to Petition for Writ of Habeas Corpus" is denied. The petition for writ of habeas corpus is hereby denied as procedurally barred. A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings. See Denson v. State, 775 So. 2d 288, 290 (Fla. 2000); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992). PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. A True Copy
Test:
___________________
John A. Tomasino
Clerk, Supreme Court
sh
Served:
HON. PAMELA JO BONDI
JOHNNIE F. HOWARD
HON. PAT FRANK, CLERK
HON. JAMES R. BIRKHOLD, CLERK
HON. GREGORY PAUL HOLDER, JUDGE