A-21-812, State v. Marvel Ammons (appellant)
Douglas County, District Court, Judge J. Russell Derr
Attorney for Appellant: Sarah M. Mooney (Mooney Law Office)
Attorney for Appellee: Siobhan E. Duffy (Attorney General’s Office)
Postconviction Action
Action Taken by Trial Court: Ammons pled guilty to two counts of possession of a deadly weapon (firearm) by a prohibited person and was sentenced to consecutive terms of 6 to 8 years’ imprisonment on each count. No direct appeal was filed. Ammons subsequently filed a motion for postconviction relief claiming that he received ineffective assistance of trial counsel when counsel failed to file a direct appeal after his guilty pleas and sentences. The district court denied Ammons’ motion for postconviction relief following an evidentiary hearing because it found that Ammons did not direct trial counsel to file an appeal and thus counsel’s performance was not deficient.
Assignments of Error on Appeal: Ammons claims that the district court erred when it denied his motion for postconviction relief and found that his trial counsel was not ineffective in failing to file a direct appeal.