Opinion
Case No. SC04-2465.
April 19, 2005.
Petitioner has filed a petition for writ of habeas corpus. To the extent that petition seeks relief against the trial court, the petition is hereby denied as procedurally barred. See Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990) (holding that 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). To the extent that petition seeks relief against the First District Court of Appeal, the petition is denied because petitioner cannot demonstrate a clear legal right to the relief requested. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (stating that in order to be entitled to a writ of mandamus, petitioner must show clear legal right to performance of requested act, that respondent has indisputable legal duty to perform that act, and that no other adequate remedy exists). Petitioner's "Motion to Set Hearing or to Grant Relief Requested" is denied as moot.
WELLS, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.