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P. v. Kistler CA1/4
Defendant Nicholas I. Kistler appeals his jury trial conviction for attempted murder, felony assault with a deadly weapon, and misdemeanor resisting arrest, as well as his subsequent sentencing. First, Kistler asserts his counsel at trial “had an actual conflict of interest that affected her representation,” which entitles him to a new trial. Second, Kistler argues his attorney’s closing argument concession of guilt for resisting arrest violated due process, requiring reversal. Last, Kistler asserts the trial court erred in sentencing him to “seven years-to-life” for premeditated attempted murder rather than specifying life with the possibility of parole.

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