ALPHONSO LEE v. THE STATE OF FLORIDA ( 2021 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed November 10, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1519
    Lower Tribunal No. F91-500
    ________________
    Alphonso Lee,
    Petitioner,
    vs.
    The State of Florida,
    Respondent.
    A Case of Original Jurisdiction – Habeas Corpus.
    Alphonso Lee, in proper person.
    Ashley Moody, Attorney General, and Kseniya Smychkouskaya,
    Assistant Attorney General, for respondent.
    Before MILLER, GORDO, and BOKOR, JJ.
    PER CURIAM.
    Denied. See Zuluaga v. State, Dep’t of Corr., 
    32 So. 3d 674
    , 676–77
    (Fla. 1st DCA 2010) (“Habeas corpus is not a vehicle for obtaining additional
    appeals of issues which were raised or should have been raised on direct
    appeal, or which could have been, should have been, or were raised in post-
    conviction proceedings.”); Schoenwetter v. State, 
    46 So. 3d 535
    , 562 (Fla.
    2010) (quoting Mills v. Dugger, 
    559 So. 2d 578
    , 579 (Fla. 1990)) (“Habeas
    corpus is not to be used for additional appeals of issues that could have
    been, should have been, or were raised on appeal or in other postconviction
    motions.”); Johnson v. State, 
    967 So. 2d 306
    , 307 (Fla. 3d DCA 2007)
    (“[B]ecause the claims [appellant] raises in this appeal have been previously
    litigated by [appellant] and have been adversely decided by both the trial
    court and this court, we find that they are procedurally barred.”).
    2
    

Document Info

Docket Number: 21-1519

Filed Date: 11/10/2021

Precedential Status: Precedential

Modified Date: 11/10/2021