Lewis

DISCUSSION

There is no question defendant is entitled to representation of counsel in her criminal proceeding. “The defendant in a criminal cause has the right to a speedy public trial, to compel attendance of witnesses in the defendant’s behalf, to have the assistance of counsel for the defendant’s defense ….” (Cal. Const., art. I, sec. 15.) Further, the California Rules of Court explicitly extend the right to counsel to the appointment of appellate counsel in interlocutory misdemeanor proceedings conducted before the appellate division of the superior court. “On application, the appellate division must appoint appellate counsel for a defendant who was represented by appointed counsel in the trial court or establishes indigency and who: [¶] … [¶] (B) Is charged with a misdemeanor and the appeal is a critical stage of the criminal process.” (Cal. Rules of Court, rule 8.851(a).)

3 The question raised by this petition is who should represent petitioner in the proceeding. This issue was recently addressed in Gardner v. Appellate Division of Superior Court (2019) 41 Cal.App.5th 1139, 1142 (Gardner), under nearly identical procedural circumstances. In Gardner, the People appealed a…