Opinion
Case No. SC08-979.
July 10, 2008.
Lower Tribunal No(s). 82-11444A, F06-3358.
Petitioner has filed a petition for writ of habeas corpus. To the extent Petitioner seeks relief on a claim that he has completed serving the twenty-year sentence imposed in 1983, the petition is hereby denied as successive. See Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a petitioner seeks relief in a particular court by means of a petition for extraordinary writ, he has picked his forum and is not entitled to a second or third opportunity for the same relief by the same writ in a different court). To the extent Petitioner claims that the State and lower courts have violated the plea agreement with him, the petition is denied as procedurally barred. See Denson v. State, 775 So. 2d 288, 289 (Fla. 2000) (stating petition for writ of habeas corpus cannot be used to re-litigate issues which could have been or were actually raised in prior post-conviction proceedings); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992) (same).