Simmons v. Dixon

Full title: Hermando Simmons, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)

Court: Supreme Court of Florida

Date published: Jun 30, 2023

No. SC2023-0519 (Fla. Jun. 30, 2023)

Opinion

SC2023-0519

06-30-2023

Hermando Simmons, Petitioner(s) v. Ricky D. Dixon, etc. Respondent(s)

Lower Tribunal No(s).: 481999CF003156000AOX

2ND CORRECTED ORDER ¹

1 Second corrected order to add service list on July 31, 2023.

Petitioner has filed a letter that the Court has treated as a petition for 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 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).

CANADY, LABARGA, GROSSHANS, FRANCIS, and SASSO, JJ., concur.