BOULE v. STATE

No. 5D11-4509.

86 So.3d 1185 (2012)

Joseph Michael BOULE, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 27, 2012.


Attorney(s) appearing for the Case

Joseph M. Boule, Sr. , Gainesville, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant, Joseph Boule, appeals the summary denial of his rule 3.850 motion in which he alleges that his trial counsel was ineffective in failing to discover a video tape which contradicted the testimony of the officer who arrested him. Although Boule's motion was filed more than two years after his judgment and sentence became final, Boule is relying on one of the exceptions to the two-year rule by alleging that the video tape is newly discovered evidence...

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