RICHARDSON v. STATE (2020)

District Court of Appeal of Florida, First District.

James Lee RICHARDSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D20-1769

Decided: November 18, 2020

James Lee Richardson, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Mr. Richardson seeks habeas relief to correct what he considers to be this court's erroneous disposition of his postconviction appeal in an earlier case. Habeas relief is not available to provide an alternative route for rehearing. Cf. Fla. R. App. P. 9.330 (requiring that a motion for rehearing be filed within fifteen days of the court's decision and precluding the filing of more than one motion regarding the decision). The petition effectively is successive and is DISMISSED as unauthorized. Cf. Baker v. State, 878 So. 2d 1236, 1245–46 (Fla. 2004).

Per Curiam.

Lewis, Tanenbaum, and Long, JJ., concur.

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