People v. Brown, No. 08CA1592.

Docket NºNo. 08CA1592.
Citation250 P.3d 679
Case DateMarch 04, 2010
CourtCourt of Appeals of Colorado

250 P.3d 679

The PEOPLE of the State of Colorado, Plaintiff–Appellee,
v.
Christopher Edwin BROWN, Defendant–Appellant.

No. 08CA1592.

Colorado Court of Appeals, Div. IV.

March 4, 2010.


[250 P.3d 680]

John W. Suthers, Attorney General, Jennifer A. Berman, Assistant Attorney General, Denver, Colorado, for Plaintiff–Appellee.Douglas K. Wilson, Colorado State Public Defender, Lynn M. Noesner, Deputy State Public Defender, Denver, Colorado, for Defendant–Appellant.Opinion by Judge CONNELLY.

A former fugitive claims his attorney was ineffective in failing to perfect an appeal while he was on the lam. We affirm the trial court's order denying relief on this claim.

I. Background

Defendant, Christopher Edwin Brown, was convicted of drug felonies after a jury trial in which he was represented by retained counsel. He was sentenced to four years in the Department of Corrections, but the trial court allowed him to remain free on bond pending appeal. Defendant's attorney timely noticed an appeal, and he took initial steps to compile the appellate record.

The People subsequently asked the trial court to revoke the appeal bond and issue an arrest warrant. The trial court revoked bond, issued a warrant, and set a bond forfeiture hearing. Defendant did not appear, and his counsel stated defendant apparently was a fugitive.

Defense counsel filed a motion with this court seeking to withdraw from appellate representation. This motion was sent to defendant's residence, but defendant filed no objection. A division of this court issued an order granting counsel's motion to withdraw.

The appeal remained pending for several months. Some three months after counsel was allowed to withdraw, an order directed the pro se defendant to show cause why the appeal should not be dismissed for failure to complete the record. Defendant did not respond to this order, which had been mailed to his address. Two months later, in November 2004, the appeal was dismissed.

Defendant intentionally remained a fugitive, with an outstanding warrant, for almost three years. He finally was apprehended in July 2007.

After his arrest, defendant filed a Crim. P. 35(c) motion. The motion, filed by newly appointed counsel, claimed that defendant's retained trial counsel was ineffective for not perfecting his appeal.

The trial court denied the motion after a hearing in which defendant and his trial counsel testified. It ruled that defendant had been prejudiced by dismissal of the appeal because he had a meritorious appellate challenge to an erroneous jury instruction that likely would have led to reversal of his conviction. It concluded, nonetheless, that defense counsel had not performed deficiently.

II. Discussion

A defendant claiming ineffective assistance must show that counsel's performance was deficient and that the performance caused prejudice.

[250 P.3d 681]

Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We defer to trial...

To continue reading

Request your trial
6 practice notes
  • People v. Sifuentes, Court of Appeals No. 13CA2318
    • United States
    • Colorado Court of Appeals of Colorado
    • April 20, 2017
    ...at 808. That is, we independently review the ultimate determinations on Strickland 's performance and prejudice prongs. People v. Brown , 250 P.3d 679, 681 (Colo. App. 2010) ; see also People v. Newmiller , 2014 COA 84, ¶ 18, 338 P.3d 459.B. Analysis1. Deficient Performance ¶ 17 Although ne......
  • People v. Finney, No. 09CA1949.
    • United States
    • Colorado Court of Appeals of Colorado
    • March 15, 2012
    ...prejudiced him or her. Strickland v. Washington, 466 U.S. 668, 687–96, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); People v. Brown, 250 P.3d 679, 680–81 (Colo.App.2010). A court conducting a postconviction hearing under Crim. P. 35(c) determines the weight and credibility to be given the witness......
  • Amaro v. Williams, Civil Action No. 18-cv-01991-CMA-SKC
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • April 26, 2019
    ...See Dunlap v. People, 173 P.3d 1054, 1061-62 (Colo. 2007). A Colorado appellate court then defers to those findings. See People v. Brown, 250 P.3d 679, 680-81 (Colo. App. 2010). Here, the Colorado Court of Appeals correctly followed state law and regardless, this Court must defer to the sta......
  • People v. Newmiller, Court of Appeals No. 10CA2139
    • United States
    • Colorado Court of Appeals of Colorado
    • July 3, 2014
    ...of whether an attorney rendered ineffective assistance of counsel is a question of law we review de novo. See People v. Brown, 250 P.3d 679, 681 (Colo.App.2010).III. Defendant's Ineffective Assistance AllegationsA. Failure to Request Lesser Included Offense Instructions¶ 19 Defendant argues......
  • Request a trial to view additional results
6 cases
  • People v. Sifuentes, Court of Appeals No. 13CA2318
    • United States
    • Colorado Court of Appeals of Colorado
    • April 20, 2017
    ...at 808. That is, we independently review the ultimate determinations on Strickland 's performance and prejudice prongs. People v. Brown , 250 P.3d 679, 681 (Colo. App. 2010) ; see also People v. Newmiller , 2014 COA 84, ¶ 18, 338 P.3d 459.B. Analysis1. Deficient Performance ¶ 17 Although ne......
  • People v. Finney, No. 09CA1949.
    • United States
    • Colorado Court of Appeals of Colorado
    • March 15, 2012
    ...prejudiced him or her. Strickland v. Washington, 466 U.S. 668, 687–96, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); People v. Brown, 250 P.3d 679, 680–81 (Colo.App.2010). A court conducting a postconviction hearing under Crim. P. 35(c) determines the weight and credibility to be given the witness......
  • Amaro v. Williams, Civil Action No. 18-cv-01991-CMA-SKC
    • United States
    • United States District Courts. 10th Circuit. United States District Court of Colorado
    • April 26, 2019
    ...See Dunlap v. People, 173 P.3d 1054, 1061-62 (Colo. 2007). A Colorado appellate court then defers to those findings. See People v. Brown, 250 P.3d 679, 680-81 (Colo. App. 2010). Here, the Colorado Court of Appeals correctly followed state law and regardless, this Court must defer to the sta......
  • People v. Newmiller, Court of Appeals No. 10CA2139
    • United States
    • Colorado Court of Appeals of Colorado
    • July 3, 2014
    ...of whether an attorney rendered ineffective assistance of counsel is a question of law we review de novo. See People v. Brown, 250 P.3d 679, 681 (Colo.App.2010).III. Defendant's Ineffective Assistance AllegationsA. Failure to Request Lesser Included Offense Instructions¶ 19 Defendant argues......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT