Furney v. State

Rodney Furney appeals an order summarily denying his rule 3.850 motion. In *1096denying his motion, the trial court ruled that the fundamental error issues Furney raised in his direct appeal procedurally barred the claims of ineffective assistance of counsel he alleged in the instant rule 3.850 motion. See Furney v. State, 932 So.2d 208 (Fla. 4th DCA 2006) (affirmed per curiam without a written opinion). When ruling on the motion, however, the trial court did not have the benefit of our opinion to the contrary. See Clarke v. State, 102 So.3d 763, 765 (Fla. 4th DCA 2012) (holding that an affirmance…