RICHARD EDWARD GIBBS JR v. STATE OF FLORIDA

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Supreme Court of Florida.

RICHARD EDWARD GIBBS, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s)

CASE NO.: SC17-47

Decided: January 27, 2017

To the extent petitioner seeks a writ of prohibition, the petition is hereby denied because petitioner has failed to demonstrate that a lower court is attempting to act in excess of its jurisdiction. See Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992); English v. McCrary, 348 So. 2d 293 (Fla. 1977). To the extent petitioner seeks a writ of habeas corpus, the petition is hereby denied. 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). No rehearing will be entertained by this Court.

A True Copy

Test:

John A. Tomasino Clerk, Supreme Court

two

Served:

JOHN M. KLAWIKOFSKY

RICHARD EDWARD GIBBS, JR.

HON. PAT FRANK, CLERK

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

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