Allen v. State

The defendant did not abandon his criminal purpose with regard to the attempted rape when he discovered that the assault victim was menstruating, since the defendant choose instead to have the victim perform fellatio on him.

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A jury found Anthony Allen guilty of multiple offenses, including one count of burglary, four counts of kidnapping, one count of false imprisonment, five counts of aggravated assault, one count of attempted rape, one count of aggravated sodomy, and one count of armed robbery. On appeal, Anthony challenges the sufficiency of the evidence supporting three of those counts. In three enumerations of error, Anthony also contends that he received ineffective assistance of counsel. For reasons that follow, we affirm. 1. In examining this case, we adhere to the usual principles of appellate review. On appeal from a criminal conviction, Allen no longer enjoys a presumption of innocence, and we view the evidence in a light most favorable to the jury’s verdict.1 In so doing, we neither weigh the evidence nor determine witness credibility, but merely ascertain whether the evidence was sufficient to establish guilt beyond a reasonable doubt.2

Viewed in this manner, the evidence shows Melissa G., her husband, and two children were temporarily living with her in-laws. During the afternoon of October 19, 2001, Melissa was in the home with her children when a car pulled into the driveway. Three men exited the vehicle and entered the house through the garage. One of the men was brandishing a gun. The gunman asked Melissa who was in the house, and she responded that her children were home, but not her husband. The gunman then held the gun to Melissa’s back and followed her into the house. The men began asking where valuables were stored, and Melissa explained that she did not know since it was not her house. Two of the men began ransacking the house while the gunman stayed with Melissa.

Allen v. State

The defendant did not abandon his criminal purpose with regard to the attempted rape when he discovered that the assault victim was menstruating, since the defendant choose instead to have the victim perform fellatio on him.

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