Gardner v. Appellate Division of Superior Court of San Bernardino County (Cal. Ct. App., Nov. 12, 2019, No. E066330) 2019 WL 5886241, at *1–4
Right to appointed counsel on appeal in a misdemeanor case
The California Supreme Court held that, when the People appeal from a suppression order in a misdemeanor case, the defendant, if indigent, has a right to appointed counsel. This case was remanded to determine whether the Public Defender’s appointment for purposes of trial continues for purposes of the appeal, or whether, the appellate division must appoint new counsel. The Court of Appeal held that the trial court is not statutorily authorized to appoint the Public Defender under these circumstances.