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State v. Mr. B (DMC No. 11873)

CONVICTION RESERVED PCR (Rule 32) LATER REDUCED TO Class 6 Open/ Misdemeanor with ZERO DAYS in JAIL/ Class 3 FELONY THEFT ($20,000) – State v. Mr. B (DMC No. 11873) (Maricopa County Superior Court No. CR2010-135297): Mr. B was a business man who took a $20,000 deposit for a Real Estate transaction which was to occur in Florida. Eventually, the Real Estate market turned and the Real Estate deal did not go through. The $20, 000 was spent covering costs. He was subsequently indicted for a Class 3 Felony Theft.

Mr. B used the same Attorney for his civil case to do his criminal case. This Attorney did not relay the State’s initial plea offer to Mr. B. In addition, the Trial Attorney did not do any discovery or research prior to Trial. Lastly, he presented an improper closing argument to the Jury. Our firm was hired to do a Post Conviction Release Petition pursuant to Rule 32 of the Arizona Rules of Criminal Procedure. We ultimately were allowed to have an Evidentiary Hearing and prove to the Trial Judge that the previous Trial counsel was “ineffective” on behalf of Mr. B. Once the Conviction was Reversed and the case came back to the Trial level, we convinced the Prosecutor to offer a Class 6 Open/ Misdemeanor which became a Designated Misdemeanor upon Mr. B’s successful completion of probation. He did not serve any time in jail.

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