Opinion
SC22-635
07-18-2022
ANTHONY PUGH Petitioner(s) v. STATE OF FLORIDA Respondent(s)
Lower Tribunal No(s).: 062009CF019586A88810
PROPOSED ORDER
To the extent the petitioner seeks habeas relief, 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 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). To the extent the petitioner seeks to invoke the Court's all writs jurisdiction, the petition is dismissed for lack of jurisdiction because the petitioner has failed to cite an independent basis that would allow the Court to exercise its all writs authority and no such basis is apparent on the face of the petition. See Williams v. State, 913 So.2d 541, 543-44 (Fla. 2005); St. Paul Title Ins. Corp. v. Davis, 392 So.2d 1304, 1305 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by this Court.
CANADY, POLSTON, LABARGA, COURIEL, and GROSSHANS, JJ., concur.