Opinion
Case No. SC06-1359.
March 14, 2007.
Lower Tribunal Nos. 16-1984-CF-6504-AXXX.
The petition seeking review of nonfinal order in death penalty proceeding 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 which were or could have been raised on direct appeal or in prior postconviction proceedings. See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990).
LEWIS, C.J., and PARIENTE, QUINCE, CANERO and BELL, JJ., concur. ANSTEAD, J., dissents. WELLS, J., recused.