Opinion
No. SC08-2483.
May 18, 2009.
Lower Tribunal No(s). 88-5961-CF.
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); See also Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that one may not pursue the same relief by the same writ in more than one court).
PARIENTE, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.