Opinion
Case No. SC02-1355.
September 4, 2003.
Lower Tribunal No. 1D02-166.
The petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So.2d 10, 11 (Fla. 2000) (In order to be entitled to a writ of mandamus, a petitioner must show a clear legal right to performance of the requested act, that the respondent has an indisputable legal duty to perform that act, and that no other adequate remedy exists.). See also Breedlove v. Singletary, 595 So.2d 8, 10 (Fla. 1992) (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.); Mills v. Dugger, 574 So.2d 63, 65 (Fla. 1990) (same).
WELLS, PARIENTE, LEWIS, CANTERO and BELL, JJ., concur.