Villarreal v. People

T1 We granted certiorari in this case, along with Hagos v. People, 2012 CO 68, 288 P.3d 116, to address whether a determination on direct appeal that instructional error did not constitute plain error necessarily requires a determination in postconviction proceedings that trial counsel's failure to object to the erroneous instruction did not prejudice the defense.1

*12612 For the reasons discussed in Hagos, T1 16-24, we conclude that a determination that instructional error did not constitute plain error does not control a determination of prejudice under Strickland v. Washington, 466 U.S. 668,…