Spring Valley

Because of an alleged conflict of interest involving his defense attorney, a new sentencing was ordered Friday for the convicted killer of sheriff’s cadet Kelly Bazer in Spring Valley last year.

The 4th District Court of Appeal granted the request for Jesse Lee Stuart, 20, who is serving a 35-years-to-life sentence in state prison.

Stuart was convicted of first-degree murder in the death of Bazer, 28, an El Cajon mother of two, who was shot in the back Jan. 13, 1986, after being confronted by Stuart after a supermarket robbery. She was off duty at the time.

The alleged conflict of interest revolves around Stuart’s former attorney, Millie Durovic, who accepted a position with the district attorney’s office after Stuart’s trial but before he was sentenced.

“It’s a hyper-technical thing,” Stuart’s prosecutor, Keith Burt, said late Friday.

“Millie did a good job representing him from start to finish. I don’t know what difference it would be with another lawyer.”

Stuart’s conviction was not disturbed. The appellate court ordered a new sentencing with a new attorney after Stuart complained of “ineffective assistance of counsel.”

Durovic could not be reached for comment.

She began work with the D.A.’s office Sept. 26, 1986, after Stuart was sentenced Sept. 11. She was offered the job Aug. 11, the opinion stated. A jury returned its guilty verdict on July 31, 1986.

“Stuart was not informed of the alleged conflict until after sentencing,” Justice Edward Butler wrote in the Appeal Court’s unanimous decision. “. . . thus, the proceedings subsequent to counsel’s acceptance of employment were infected with ineffective assistance due to conflict.”