Opinion
SC2023-0482
05-11-2023
Elbert Johnson, Petitioner(s) v. State of Florida, Respondent(s)
Lower Tribunal No(s).: 321979CF000636CFAXMX
To the extent Petitioner seeks a petition for writ of prohibition, the petition is hereby denied because petitioner has failed to demonstrate that a lower court is attempting to act in excess of its jurisdiction. See Mandico v. Taos Constr., Inc., 605 So.2d 850 (Fla. 1992); English v. McCrary, 348 So.2d 293 (Fla. 1977). To the extent Petitioner seeks a petition for writ of habeas corpus, the petition is denied as procedurally barred, as 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). No motion for rehearing will be entertained.
The Court hereby retains jurisdiction to pursue any possible sanctions. See Fla. R. App. P. 9.410(a) (Sanctions; Court's Motion). Petitioner is hereby directed to show cause on or before May 26, 2023, why, pursuant to section 944.279(1), Florida Statutes (2022), a certified copy of the Court's findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections as provided in section 944.09, Florida Statutes (2022).
CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.