Opinion
No. SC06-2038.
December 7, 2006.
WELLS, ANSTEAD, PARIENTE, QUINCE and CANTERO, JJ., concur.
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 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); see also Denson v. State, 775 So.2d 288, 290 (Fla. 2000) (stating that "the concept of fundamental error was never intended to provide litigants with a means to circumvent the type of procedural bar that occurs when the exact claim has already been decided on the merits and is thus res judicata").
The "Motion for Florida Supreme Court to Entertain Habeas Corpus Petition" is hereby denied.