Allen (Levern) v. State

First, Allen contends that the district court erred by denying his claim that counsel was ineffective for failing to appeal his judgment of conviction. We decline to consider this assertion because it was expressly withdrawn below and was not considered by the district court. Instead, the district court considered Allen's contention that counsel was ineffective for failing to appeal the denial of his motion to reconsider sentence. The district court denied this claim because it concluded that an appeal would have been futile. Because there is no statute or court rule which authorizes an…