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STATE v. FRANKLIN

No. 82-774-CR.

111 Wis.2d 681 (1983)

331 N.W.2d 633

STATE of Wisconsin, Plaintiff-Respondent, v. Karen J. FRANKLIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 16, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Mary E. Waitrovich, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and James H. McDermott, assistant attorney general.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

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...

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