District Court, Farmington Department The Honorable David R.
Hamilton No. 131700297
K. Phelps, Attorney for Appellant
D. Reyes and Mark C. Field, Attorneys for Appellee
Kate A. Toomey authored this Opinion, in which Judges J.
Frederic Voros Jr. and Stephen L. Roth concurred.
Anthony Todd Allgood appeals his convictions for aggravated
sexual abuse of a child, forcible sodomy, rape, and forcible
sexual abuse. Allgood asks us to vacate his convictions,
arguing they rest on false testimony and that he received
ineffective assistance of counsel. We affirm.
"On appeal, we review the record facts in a light most
favorable to the jury's verdict and recite the facts
accordingly." State v. Holgate, 2000 UT 74,
¶ 2, 10 P.3d 346 (citation and internal quotation marks
omitted). "We present conflicting evidence only as
necessary to understand issues raised on appeal."
Allgood was charged with several felonies based on his sexual
abuse of his stepdaughter (Victim). After a jury trial,
Allgood was convicted of aggravated sexual abuse of a child,
forcible sodomy, two counts of rape, and three counts of
forcible sexual abuse.
Allgood began sexually abusing Victim when she was about
eight or nine years old and continued to do so until she was
seventeen years old. The abuse began with fondling but
eventually escalated to oral and vaginal sex. Nearly all of
the abuse occurred in Victim's bedroom under the guise of
Allgood tucking her into bed for the night, even during
Victim's teenage years. Although Victim suffered years of
abuse, she was afraid to report it because her mother
(Mother) loved and trusted Allgood and the family relied on
Eventually Mother, Victim's brother (J.S.), and
J.S.'s girlfriend (A.S.) grew suspicious of Allgood's
behavior toward Victim. For example, Allgood spent
considerable time tucking Victim into bed-sometimes up to two
hours-often locking her bedroom door behind him. When
confronted by Mother or J.S. about spending so much time in
Victim's room, Allgood usually responded that he had
fallen asleep, that Victim had fallen asleep on his arm, or
that they had just been talking. In addition, Allgood often
cuddled with Victim while they watched movies and held her
hand while they walked or drove in the car.
In September 2010, Victim started dating a boy (Boyfriend).
A.S. testified at trial that Allgood was jealous of
Boyfriend's relationship with Victim and would not let
them have much time to themselves "like a boyfriend and
girlfriend would have." Mother testified that when
Allgood saw them kissing, "you could just see the steam
come off him."
After finding Victim's bedroom door locked one night
while Allgood was tucking her in, Mother "banged on the
door" and confronted Allgood. Mother asked him if he
loved Victim "in a way that [he] shouldn't."
Allgood assured Mother that nothing was going on and claimed
she was "just being irrational." On several
occasions Mother accused Allgood of behaving inappropriately
with Victim. Allgood usually responded by asking, "Why
would I do that? I love you." Despite Mother's
suspicions, Allgood's explanations and reassurances kept
her from contacting the police until much later.
On another occasion, while Victim was practicing driving with
Allgood late at night,  Allgood "reached over and started
groping [her] breasts, and that's when a cop pulled
[them] over." The officer separated the two and put
Victim in his police cruiser because he observed them in a
"compromising position." "[F]rozen with fear,
" Victim told the officer that Allgood was teaching her
how to drive and that nothing else was going on. The officer
called Mother and explained he had pulled over Victim and
Allgood and that the situation did not "feel
right." Mother asked to speak with Victim and was
allowed to, but Victim reiterated that she was just out
practicing driving. Despite his reservations, the officer let
the two drive home.
Instead of questioning Allgood about the incident, Mother
called Allgood's brother. She told him what had happened
and explained that the officer felt something
"suspicious [was] going on." Although Mother was
concerned, she asked him to talk to Allgood because she had
already accused Allgood of inappropriate behavior and she did
not want to be accused again of being irrational.
After ten years of being sexually abused, Victim told her
best friend (C.M.) that Allgood was abusing her. Although
C.M. believed Victim was telling the truth, she did not
report the abuse because she was shocked by the news and did
not know what to do. About a month later, Victim told A.S.
about it. Victim was helping A.S. with a paper route when
"out of nowhere [she] started crying" and disclosed
the abuse. A.S. tried to calm her down and urged her "to
tell someone" else about it. But Victim kept saying that
she was afraid to report Allgood because she feared that her
"family life would be completely disrupted" if she
did. A.S. told Victim to report Allgood or she would do it
A few months later, Victim attempted to run away from home.
When Mother was alerted to Victim's preparations, she
confronted Victim and asked what she was doing. Victim
answered, "'I can't take it anymore . . . I
can't take him anymore.'" Confused and thinking
that Victim may have been referring to her biological father,
Mother asked, "'Who are you arguing with?'"
Victim answered, "'[Allgood] is sleeping in my bed .
. . [he] is having sex with me.'" After taking a
moment to process this news, Mother called the police and
reported the abuse.
While Mother and Victim waited for the police to arrive,
Victim showed Mother a text message Allgood had sent earlier
that day about how he was excited to be with her and to tuck
her in that night. Mother saw that the message came from
Allgood's instant messenger account. She took
Victim's phone and replied to Allgood's message,
asking, "'What do you have planned for our time
tonight?'" Allgood answered, "'Well,