From Casetext: Smarter Legal Research

Dalzell v. State

District Court of Appeal of Florida, Fifth District
Dec 21, 2007
970 So. 2d 861 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D07-2144.

November 16, 2007. Rehearing Denied December 21, 2007.

Appeal from the Circuit Court for Brevard County, David Dugan, Judge.

Randy Dalzell, Clermont, pro se.

Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


We affirm the trial court's order dismissing Dalzell's petition for writ of habeas corpus. The petition raised the identical issue that was the subject of Dalzell's prior Florida Rule of Criminal Procedure 3.850 motion. The trial court denied the prior motion on its merits and this court affirmed. Dalzell v. State, 918 So.2d 308 (Fla. 5th DCA 2005). A habeas petition is not a vehicle for obtaining additional appeals on issues that were raised and considered in a prior proceeding. Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995).

AFFIRMED.

SAWAYA, TORPY and EVANDER, JJ., concur.


Summaries of

Dalzell v. State

District Court of Appeal of Florida, Fifth District
Dec 21, 2007
970 So. 2d 861 (Fla. Dist. Ct. App. 2007)
Case details for

Dalzell v. State

Case Details

Full title:Randy DALZELL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 21, 2007

Citations

970 So. 2d 861 (Fla. Dist. Ct. App. 2007)