BETTY v. McNEIL, 998 So.2d 1144 (Fla. 2008)

No. SC08-1906.Supreme Court of Florida.
November 26, 2008.

Lower Tribunal No(s). 90-20695CF10A.

To the extent that petitioner seeks relief upon his sentencing claim, 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).

To the extent that petitioner seeks mandamus relief against the Fourth District Court of Appeal, the petition is hereby denied. Migliore v. City of Lauderhill, 415 So. 2d 62 (Fla. 4th DCA 1982); State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 11 So. 2d 889 (Fla. 1943).

WELLS, ANSTEAD, PARIENTE, LEWIS, and CANADY, JJ., concur.