Allen v. State

NEWTON, Judge.

Factual and Procedural Background

This is an appeal from the denial of Mr. Bobby G. Allen’s postconviction motion without an evidentiary hearing. Mr. Allen had been convicted of two counts of stealing, and the factual circumstances were as follows.

Mr. Monty Martin was working as a loss prevention officer at The Jones Store in December 1995, when he observed Mr. Allen remove four trench coats from a display rack. Mr. Martin radioed Mr. Michael Terreno, another security officer, and informed him that a man, later identified as Bobby G. Allen, was in the process of stealing several…