State v. Franklin

In this case involving the claim that she was denied the effective assistance of counsel at sentencing, Karen Franklin argues she is entitled to a new sentencing hearing or, in the alternative, to withdraw her guilty plea. We conclude that there was an actual conflict between Franklin’s interests and those of her attorney at sentencing, and, therefore, she is entitled to relief.

In June 1980, Franklin was charged with felony theft. Cash bond was set at $1,000. Franklin contacted an acquaintance, Milton Saewart, and requested help in meeting the bail amount. Saewart paid the $1,000 bond and, at…