Afelix Desir v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2026
Docket3D2026-1294
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-1294
Lower Tribunal No. F13-15387
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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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