State v. Allen

Allen’s first proposition of law challenges the court of appeals’ finding that appellate counsel had already raised the issues contained in proposed assignments of error I through V. Our examination of the appellate record shows that appellate counsel did raise the issue contained in proposed assignment of error II. But as to the issues contained in proposed assignments of error I, III, IV, and V, we agree with Allen that his counsel did not raise these issues on appeal.

It does not follow, however, that the judgment must be reversed. It has long been established “that where the judgment is…