Adams v. Wainwright

District Court of Appeal of Florida

Adams v. Wainwright

381 So. 2d 248, 1979 Fla. App. LEXIS 6983

District Court of Appeal of Florida·Decided December 13, 1979·No. No. SS-254·Published·Cited by 2 cases

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PER CURIAM.

This cause is before us upon a petition for a writ of habeas corpus. Petitioner alleges ineffective assistance of counsel and that he was not allowed to withdraw a coerced guilty plea.

Fla.R.Crim.P. 3.850 provides a means of relief whereby such issues may be addressed. Petitioner’s failure to assert exhaustion of this remedy precludes habeas relief. Henderson v. State, 184 So.2d 646 (Fla.1966); Zuniga v. State, 184 So.2d 659 (Fla. 1st DCA 1966), cert. denied, 189 So.2d 635 (Fla.1966), cert denied, 385 U.S. 962, 87 S.Ct. 404, 17 L.Ed.2d 307 (1966); Fla.R.Crim.P. 3.850.

Accordingly, said petition is denied.

MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

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PER CURIAM.

This cause is before us upon a petition for a writ of habeas corpus. Petitioner alleges ineffective assistance of counsel and that he was not allowed to withdraw a coerced guilty plea.

Fla.R.Crim.P. 3.850 provides a means of relief whereby such issues may be addressed. Petitioner’s failure to assert exhaustion of this remedy precludes habeas relief. Henderson v. State, 184 So.2d 646 (Fla.1966); Zuniga v. State, 184 So.2d 659 (Fla. 1st DCA 1966), cert. denied, 189 So.2d 635 (Fla.1966), cert denied, 385 U.S. 962, 87 S.Ct. 404, 17 L.Ed.2d 307 (1966); Fla.R.Crim.P. 3.850.

Accordingly, said petition is denied.

MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

Adams v. Wainwright, 381 So. 2d 248, 1979 Fla. App. LEXIS 6983 (Fla. Ct. App. 1979).

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