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Lee v. State

District Court of Appeal of Florida, Third District.
Nov 10, 2021
336 So. 3d 761 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D21-1519

11-10-2021

Alphonso LEE, Petitioner, v. The STATE of Florida, Respondent.

Alphonso Lee, in proper person. Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for respondent.


Alphonso Lee, in proper person.

Ashley Moody, Attorney General, and Kseniya Smychkouskaya, Assistant Attorney General, for respondent.

Before MILLER, GORDO, and BOKOR, JJ.

PER CURIAM.

Denied. See Zuluaga v. State, Dep't of Corr., 32 So. 3d 674, 676–77 (Fla. 1st DCA 2010) ("Habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised or should have been raised on direct appeal, or which could have been, should have been, or were raised in postconviction proceedings."); Schoenwetter v. State, 46 So. 3d 535, 562 (Fla. 2010) (quoting Mills v. Dugger, 559 So. 2d 578, 579 (Fla. 1990) ) ("Habeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions."); Johnson v. State, 967 So. 2d 306, 307 (Fla. 3d DCA 2007) ("[B]ecause the claims [appellant] raises in this appeal have been previously litigated by [appellant] and have been adversely decided by both the trial court and this court, we find that they are procedurally barred.").


Summaries of

Lee v. State

District Court of Appeal of Florida, Third District.
Nov 10, 2021
336 So. 3d 761 (Fla. Dist. Ct. App. 2021)
Case details for

Lee v. State

Case Details

Full title:Alphonso LEE, Petitioner, v. The STATE of Florida, Respondent.

Court:District Court of Appeal of Florida, Third District.

Date published: Nov 10, 2021

Citations

336 So. 3d 761 (Fla. Dist. Ct. App. 2021)