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STATE v. PADILLA

Nos. 1 CA-CR 90-1276, 1 CA-CR 92-894-PR.

176 Ariz. 81 (1993)

859 P.2d 191

STATE of Arizona, Appellee, v. Eustacio PADILLA, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

August 26, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, Joel Ruechel, Deputy Navajo County Atty., Holbrook, for appellee.

M. Ruth O'Neill, Tucson, for appellant.

OPINION

FIDEL, Judge.

We conclude in this decision that resentencing is required because defendant's lawyer had a conflict of interest that adversely affected his representation of defendant at the time of sentencing.

I.

Appellant Eustacio M. Padilla (defendant) was indicted on three counts of sale and transfer of a narcotic drug, all class 2 felonies. The two counts charged in cause no. 89-CR-449 concerned the sale of cocaine and heroin to...

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