Adams v. Wainwright (381 So. 2d 248, 1979)

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.

ON PETITION FOR REHEARING

PER CURIAM.

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.