LUGO FERNANDEZ v. INCH (2021)

District Court of Appeal of Florida, Third District.

Arnaldo LUGO-FERNANDEZ, Petitioner, v. Mark S. INCH, etc., et al., Respondents.

No. 3D21-0724

Decided: August 25, 2021

Before SCALES, LOBREE and BOKOR, JJ.

Arnaldo Lugo-Fernandez, in proper person. Ashley Moody, Attorney General, for respondents.

Petitioner seeks habeas corpus relief raising an argument which he has raised in multiple previous appeals or petitions. Petitioner may not rephrase or re-raise the same argument, or variations thereof, multiple times. Additionally, Petitioner cannot seek relief on an issue adjudicated by this Court by recasting what would be a successive (or otherwise improper) postconviction collateral appeal as a habeas corpus petition. See, e.g., Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”). Petition dismissed.

PER CURIAM.

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