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381 So. 2d 248

Adams v. Wainwright

District Court of Appeal of Florida

Decided December 13, 1979

District Court of Appeal of Florida · decided 1979-12-13

Relies on Viscardi v. United States · 184 So. 2d 659 - Zuniga v. State · Lehigh Portland Cement Co. v. Tabor

Decided 1979-12-13

PER CURIAM.

¶1This 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.

¶2Fla.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.

¶3Accordingly, said petition is denied.

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