Opinion
No. SC08-1713.
October 30, 2008.
Lower Tribunal No(s). 92-002775.
To the extent that petitioner challenges the sentence of imprisonment imposed, 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). To the extent that petitioner seeks review of the Third District Court of Appeals' decision in Smith v. State, 669 So. 2d 1133 (Fla. 3d DCA 1996), the petition is hereby dismissed for lack jurisdiction.
WELLS, ANSTEAD, PARIENTE, CANADY, and POLSTON, JJ., concur.