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Johnson v. State

Supreme Court of Florida
Jun 30, 2003
848 So. 2d 1154 (Fla. 2003)

Opinion

Case No. SC02-1653.

June 30, 2003.

Lower Tribunal No. 90-13872 CF.


Decision Without Published Opinion.


Petitioner has filed a petition for writ of habeas corpus. To the extent that petitioner seeks a writ of habeas corpus, the petition 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 which were or could have been raised on direct appeal or in prior postconviction proceedings. See Breedlove v. Singletary, 595 So.2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So.2d 63, 65 (Fla. 1990).

To the extent that petitioner seeks to invoke the discretionary jurisdiction of this Court, the petition is dismissed as untimely. See Fla.R.App.P. 9.120(b).

WELLS, PARIENTE, LEWIS and QUINCE, JJ., and SHAW, Senior Justice, concur.


Summaries of

Johnson v. State

Supreme Court of Florida
Jun 30, 2003
848 So. 2d 1154 (Fla. 2003)
Case details for

Johnson v. State

Case Details

Full title:DONNELL JOHNSON, Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Jun 30, 2003

Citations

848 So. 2d 1154 (Fla. 2003)