Bouie v. State

The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. We affirm the denial of all but one of the appellant’s claims. For the reasons discussed below, we reverse and remand the appellant’s claim that counsel was ineffective for failing to object to a portion of the jury instructions.

The appellant asserts that counsel failed to object when the trial court read the forcible felony exception for count one. The forcible felony exception “provides that a defendant may not avail himself of the defense of…