People v. Ray

Opinion by

JUDGE TAUBMAN

{1 Defendant, Robert Keith Ray, appeals the order dismissing his Crim. P. 85(c) motion for postconviction relief. On appeal, he maintains that ineffective assistance of trial and appellate counsel entitles him to a new trial on the charge of Possession of a Weapon by a Previous Offender (POWPO).

T2 Ray is on death row after having been convicted of first degree murder in a separate case. His POWPO conviction was used as an aggravating factor in determining his death sentence, and the Colorado Supreme Court has not yet heard an appeal in the capital case. Assuming without…