Steppe v. Wainwright

District Court of Appeal of Florida

Steppe v. Wainwright

384 So. 2d 155, 1980 Fla. App. LEXIS 23555

District Court of Appeal of Florida·Decided March 5, 1980·No. No. SS-466·Published

Opinions

PER CURIAM.

This cause is before us upon petition for a writ of habeas corpus. Petitioner alleges a denial of counsel during the preliminary stage of his prosecution.

Fla.R.Crim.P. 3.850 provides a remedy by which the stated issue may be addressed. Petitioner’s failure to assert exhaustion of that remedy precludes relief by writ of habeas corpus. Henderson v. State, 184 So.2d 646 (Fla.1966); Adams v. Wainwright, 381 So.2d 248, (1st Fla.App. 1979); Fla.R.Crim.P. 3.850.

Accordingly, the petition is denied.

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

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This cause is before us upon petition for a writ of habeas corpus. Petitioner alleges a denial of counsel during the preliminary stage of his prosecution.

Fla.R.Crim.P. 3.850 provides a remedy by which the stated issue may be addressed. Petitioner’s failure to assert exhaustion of that remedy precludes relief by writ of habeas corpus. Henderson v. State, 184 So.2d 646 (Fla.1966); Adams v. Wainwright, 381 So.2d 248, (1st Fla.App. 1979); Fla.R.Crim.P. 3.850.

Accordingly, the petition is denied.

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

Steppe v. Wainwright, 384 So. 2d 155, 1980 Fla. App. LEXIS 23555 (Fla. Ct. App. 1980).

Pincite

384 So. 2d 155 (Steppe v. Wainwright) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

Related