Hargrave v. WainwrightHargrave v. Wainwright
The petitioner, Lenson A. Hargrave, has presented by petition for writ of habeas corpus two issues which could have been raised, but were not raised, on his direct appeal. It is well settled that habeas corpus may not be used as a vehicle to raise for the first time issues that the petitioner could have raised during the formal trial and on appeal. State v. Mayo, 87 So.2d 501 (Fla. 1956); Irvin v. Chapman, 75 So.2d 591 (Fla. 1954), cert. denied, 348 U.S. 915, 75 S.Ct. 297, 99 L.Ed. 718 (1955). Cf. Spenkelink v. State, 350 So.2d 85 (Fla.), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977) (issue first raised on review under
It is so ordered.
SUNDBERG, C.J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.