HEILMANN v. STATE (2002)

District Court of Appeal of Florida,Fifth District.

Joel P. HEILMANN, Appellant, v. STATE of Florida, Appellee.

No. 5D02-1873.

Decided: November 15, 2002

Joel P. Heilmann II, Sanderson, Pro Se. Richard E. Doran, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

Joel P. Heilmann seeks review of the denial of his petition for writ of habeas corpus filed in the circuit court. Heilmann raises issues which were or could have been raised in the direct appeal of his conviction, and, therefore cannot be raised in a habeas corpus petition. See Teffeteller v. Dugger, 734 So.2d 1009, 1016 (Fla.1999). Additionally, the issues now asserted were raised in his two prior postconviction proceedings. Accordingly, Heilmann's petition is successive. See Johnson v. Singletary, 695 So.2d 263, 265-66 (Fla.1996).

AFFIRMED.

PER CURIAM.

SHARP, W., GRIFFIN and ORFINGER, R. B., JJ., concur.

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