The case went to trial with ineffective councel and a strong lack of evidence but because of a previous conviction, And distorted story a conviction went through. So now we are appealing and trying to retry the case. Will it mean a different sentance if lost? Will the convictions come off the record if won? The previous attorney has already filed the appeal.
You need to carefully look at the paperwork to see what was has and what has not been filed. It is highly unlikely that previous counsel has filed an appeal claiming that they were ineffective. It seems far more likely that trial counsel fulfilled their obligation to file a Notice of Intent to Pursue Post-conviction Relief, at which point their responsibility for the case ended. Someone else now needs to go forward with a motion for a new trial before the trial court, and if that is denied, that denial can be appealed to the Court of Appeals. There are various deadlines applicable to the ordering of necessary transcripts, and the filing of post-conviction motions or an appeal. The clock is running. Either hire post-conviction counsel, or make sure that a request for representation on appeal was included in the Notice of Intent to Pursue.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Appeals or to correct errors of the trial court for and then occasionally of counsel. Depending on the outcome of the appeal you may or may not get a new trial
This is an incredibly complex area of law, so you need to speak with post-conviction and appellate attorneys as soon as possible. I agree with attorney Witt that the previous attorney likely filed a Notice that starts the appellate process, rather than the appeal itself. The appeal could take the form of post-conviction motions requesting a new trial (e.g. motions based on ineffective assistance of trial counsel or newly discovered evidence), or it could involve an appeal directly to the court of appeals based on issues already challenged by the previous attorney (e.g. sufficiency of evidence, errors by the trial judge in admitting or excluding evidence). The motion or appeal could also challenge the sentence itself, rather than (or in addition to) errors at trial. If you win a motion for a new trial, the conviction comes off the record, but the charges are re-instated and there is still the possibility of getting convicted at a new trial. In that event, a new sentencing would occur. Alternatively, if the appeal successfully challenges errors from the sentencing process, a new sentencing could occur. However, if the appeal loses, there would not be a new sentencing.
You need to ask these questions to your appellate lawyer. In some cases, yes, a win on appeal means a new trial, but it depends on what exactly the basis of the appeal is. If you lose the appeal you would not be re-sentenced unless, for some reason, the State is appealing the sentencing decision, which would be extremely out of the ordinary. Again, talk to your lawyer, and he or she is the only person who actually knows the situation.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements