McKire v. Moore

We deny Gerald M. McKire’s most recent petition for habeas corpus because petitioner’s allegations of unlawful sentence and trial court error are issues which could have and should have been raised on direct appeal. See Byrd v. State, 597 So.2d 252 (Fla.1992); see also Fla. R.Crim. P. 3.850(f). Indeed, these very issues have been addressed on the merits in multiple previous proceedings and are procedurally barred. See Gaiter v. State, 737 So.2d 565 (Fla. 3d DCA 1999).

Furthermore, in view of the appellant’s abuse of procedure in this case, we direct the clerk of this court to reject any…