AFELIX DESIR
v.
STATE OF FLORIDA
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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.
[1] A petition for extraordinary relief cannot be used as a substitute for direct appeal or as a vehicle to relitigate issues that were or could have been raised on direct ap…
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Join FLexlaw to unlock all legal intelligence“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.”
The court's statement of the governing legal principle in denying the petition.
Afelix Desir filed a petition for extraordinary relief (habeas corpus) in the Third District Court of Appeal. Desir had previously pursued direct appe…
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Third District Court of Appeal
State of Florida
Opinion filed August 26, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-1294
Lower Tribunal No. F13-15387
Afelix Desir,
Petitioner,
VS.
State of Florida,
Respondent. A Case of Original Jurisdiction – Habeas Corpus. Afelix Desir, in proper person. James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for respondent. Before FERNANDEZ, LOGUE, and LINDSEY, JJ. PER CURIAM. 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, 289 (Fla. 2000) (citing Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992)). We deny the petition. See Desir v. State, 239 So. 3d 678 (Fla. 3d DCA 2017); Desir v. State, 350 So. 3d 737 (Fla. 3d DCA 2022); Desir v. State, 389 So. 3d 524 (Fla. 3d DCA 2024).
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