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Adams v. Wainwright

District Court of Appeal of Florida, First District
Mar 5, 1980
381 So. 2d 248 (Fla. Dist. Ct. App. 1980)

Opinion

No. SS-254.

December 13, 1979. Rehearing Denied March 5, 1980.

Petition for Writ of Habeas Corpus.

Curtis Adams, Jr., petitioner, pro se.


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.


ON PETITION FOR REHEARING


This cause is before us upon petition for a writ of habeas corpus. Petitioner raises issues which were previously addressed by means of a Fla.R.Crim.P. 1.850 (now 3.850) motion for post-conviction relief. The trial court denied the motion and petitioner has failed to show a timely pursuit of appellate remedies under the Rule on those grounds; relief by habeas corpus is thus precluded. Stewart v. Wainwright, 206 So.2d 211 (Fla. 1968); Hillhouse v. State, 159 So.2d 228 (Fla. 1963); Fla.R.Crim.P. 3.850.

Accordingly, the petition is denied.

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


Summaries of

Adams v. Wainwright

District Court of Appeal of Florida, First District
Mar 5, 1980
381 So. 2d 248 (Fla. Dist. Ct. App. 1980)
Case details for

Adams v. Wainwright

Case Details

Full title:CURTIS ADAMS, JR., PETITIONER, v. LOUIE L. WAINWRIGHT, RESPONDENT

Court:District Court of Appeal of Florida, First District

Date published: Mar 5, 1980

Citations

381 So. 2d 248 (Fla. Dist. Ct. App. 1980)