ARNALDO LUGO-FERNANDEZ v. MARK S. INCH, etc.
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Opinion
Third District Court of Appeal State of Florida
Opinion filed August 25, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-0724 Lower Tribunal No. F04-29546 ________________
Arnaldo Lugo-Fernandez, Petitioner,
vs.
Mark S. Inch, etc., et al., Respondents.
A Case of Original Jurisdiction – Habeas Corpus.
Arnaldo Lugo-Fernandez, in proper person.
Ashley Moody, Attorney General, for respondents.
Before SCALES, LOBREE and BOKOR, JJ.
PER CURIAM.
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.
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