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Da v. d GARLAND, Appellant,

WOLF, J.

On the court's own motion, we withdraw our previous opinion dated February 5, 2010, and substitute the following in its place.

Appellant raises a number of issues. We affirm as to all issues but one: whether appellant's sentence of life in prison for crimes he committed when he was a juvenile violates constitutional prohibitions against cruel and unusual punishment.

In light of the United States Supreme Court's recent decision in Graham v. Florida, ___ U.S. ___, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), we quash his sentence and remand for resentencing and for appointment of conflict-free counsel.

Affirmed in part; reversed in part; and remanded for further proceedings.

HAWKES, C.J., and DAVIS, J., concur.

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GARLAND v. STATE
(Jul 7, 2010)