Opinion
CASE NO.: SC12-1929 Lower Tribunal No.: 90-2742 Lower Tribunal No.: 1D11-6953
12-11-2012
FRANK JOHNSON, JR. Petitioner(s) v. KENNETH S. TUCKER, ETC. Respondent(s)
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, CANADY, and LABARGA, JJ., concur. A True Copy
Test:
__________
Thomas D. Hall
Clerk, Supreme Court
kb
Served:
HON. JON S. WHEELER, CLERK
FRANK JOHNSON, JR.
JENNIFER ALANI PARKER
HON. PAMELA JO BONDI
HON. BILL KINSAUL, CLERK