Florida District Courts of Appeal, 1980

Steppe v. Wainwright

Florida District Courts of Appeal · Decided March 5, 1980 · Mills, Smith, Wentworth

384 So. 2d 155; 1980 Fla. App. LEXIS 23555 (Southern Reporter, Second Series)

Opinion of the Court

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.

070rehearing

ON PETITION FOR REHEARING DENIED

PER CURIAM.

Fla.R.Crim.P. 3.850 provides a remedy by which the issue raised may be addressed; petitioner is free to pursue this remedy and may appeal any adverse ruling.

The petition for rehearing is denied.

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

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