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PEOPLE v. BARBOZA

Docket No. Crim. 21664.

29 Cal.3d 375 (1981)

627 P.2d 188

173 Cal. Rptr. 458

THE PEOPLE, Plaintiff and Respondent, v. ALBERTO BARBOZA et al., Defendants and Appellants.

Supreme Court of California.

May 4, 1981.

Attorney(s) appearing for the Case

COUNSEL

Bruce S. Wiener, under appointment by the Supreme Court, Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Ezra Hendon, Chief Assistant State Public Defender, and Tom Lundy, Deputy State Public Defender, for Defendants and Appellants.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher, Vincent J. Scally, Robert D. Marshall and James Ching, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHARDSON, J.

We examine the legal effects of a contract between the County of Madera and a public defender which provides financial disincentives for the defender to ascertain conflicts of interest which may arise when counsel represents multiple defendants being tried together on criminal charges. We will conclude that because of conflicts arising from the contract itself, the defendants' convictions must be reversed.<...

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