Peo v. Allen
24CA0116
Colo. Ct. App.Mar 20, 2025Background
- Marty Cornell Allen entered a hotel room wearing a stocking mask and gloves, pointing a gun at Brian Aguiluz, leading to a struggle in which the gun fired and Allen beat Aguiluz.
- Allen was convicted by a jury of attempted second degree murder, second degree assault, and menacing.
- On direct appeal, his convictions were affirmed; insufficient evidence and jury instruction errors were raised but not reversed.
- Allen, pro se, filed a postconviction Crim. P. 35(a) motion, which resulted in vacating his felony menacing conviction and entering a misdemeanor conviction instead.
- He then filed a Crim. P. 35(c) motion claiming ineffective assistance of counsel; this was denied without a hearing by the postconviction court.
- Allen appealed the denial of his 35(c) motion, raising several claims of ineffective assistance and trial error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance – preliminary hearing | Counsel's actions did not prejudice Allen or require relief | Did not get a full hearing on amended charge; counsel failed to object | No prejudice shown; claim conclusory/bare, denied without hearing |
| Ineffective assistance – jury instructions | Counsel’s actions regarding instructions were not deficient | Submitting/inviting erroneous instructions was ineffective | No Strickland prejudice alleged; proper to deny claim |
| Ineffective assistance – felony menacing conviction | Issue already corrected by postconviction relief | Counsel failed to object, leading to erroneous conviction | Issue resolved; no further relief available |
| Additional claims (e.g., prosecutorial/judicial misconduct, sufficiency, etc.) | Issues already litigated or not properly raised on appeal | Asserted in brief but not preserved for appellate review | Not addressed/abandoned, barred as successive |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes the two-prong standard for ineffective assistance of counsel claims)
- People v. Duran, 2015 COA 141 (Colo. App. 2015) (court can deny postconviction motion without hearing if allegations are conclusory or refuted by the record)
- People v. Fichtner, 869 P.2d 539 (Colo. 1994) (requires definitional instructions for crimes where serious bodily injury is an element)