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Name: People v. Foley
Case #: C097140
Opinion Date: 11/29/2023
Attorney: James Bisnow

The Court of Appeal reversed the denial of defendant’s Penal Code section 1172.6 petition because the court violated defendant’s constitutional right to conflict-free representation when it appointed the same attorney to represent defendant and his codefendant at a consolidated evidentiary hearing after both had filed separate petitions for resentencing. The Court of Appeal remanded for a new section 1172.6 evidentiary hearing.