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Villarreal v. State

Supreme Court of Florida
Mar 17, 2010
Case No. SC09-2307 (Fla. Mar. 17, 2010)

Opinion

Case No. SC09-2307.

March 17, 2010.

Lower Tribunal No(s). 1D09-3187, 1991CF000579A.


The petition for writ of mandamus 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).

PARIENTE, LEWIS, CANADY, POLSTON, and PERRY, JJ., concur.


Summaries of

Villarreal v. State

Supreme Court of Florida
Mar 17, 2010
Case No. SC09-2307 (Fla. Mar. 17, 2010)
Case details for

Villarreal v. State

Case Details

Full title:FRUTOSO VILLARREAL, JR., Petitioner(s) v. STATE OF FLORIDA, Respondent(s)

Court:Supreme Court of Florida

Date published: Mar 17, 2010

Citations

Case No. SC09-2307 (Fla. Mar. 17, 2010)