RICHARD RALPH MALCOLM v. STATE OF FLORIDA (2017)

Petitioner has filed a petition for writ of mandamus with the Court. To the extent that petitioner seeks the type of relief available in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850, the petition is hereby denied as procedurally barred. 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). To the extent that petitioner seeks a writ of mandamus, the petition is denied for failure to show a clear legal right to the requested relief. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). No rehearing will be entertained by this Court.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

lc

Served:

DOUGLAS JAMES GLAID

RICHARD RALPH MALCOLM

HON. HARVEY RUVIN, CLERK

PARIENTE, LEWIS, QUINCE, CANADY, and POLSTON, JJ., concur.