Enrique Diaz v. Ricky Dixon, Etc.

• Court: District Court of Appeal of Florida
• Decided: December 18, 2024
• Docket: 3D2024-0956
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed December 18, 2024. Not final until disposition of timely filed motion for rehearing.

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No. 3D24-0956 Lower Tribunal Nos. F83-8906, F83-8907, F83-8908, F83-8909, F83-8910, F83-8973, F83-8974, F83-9060, F83-9246 ________________

Enrique Diaz, Petitioner,

vs.

Ricky Dixon, etc., et al., Respondents.

A Case of Original Jurisdiction – Habeas Corpus.

Enrique Diaz, in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent State of Florida.

Before LOGUE, C.J., and EMAS, and LINDSEY, JJ.

PER CURIAM. Enrique Diaz petitions this court for habeas relief. Habeas relief is not

available for matters that could have and should have been raised on direct

appeal; or for matters that have already been ruled on through another

appellate procedure. Fails v. Jones, 219 So. 3d 790, 791-92 (Fla. 2017);

Zuluaga v. State, Dept. of Corr., 32 So. 3d 674, 676-77 (Fla. 1st DCA 2010)

(“Habeas corpus is not a vehicle for obtaining additional appeals of issues

which were raised or should have been raised on direct appeal, or which

could have been, should have been, or were raised in post-conviction

proceedings.”).

Petition dismissed.