Gardner v. Super. Ct.
Annotate this CaseRuth Zapata Lopez was charged with two misdemeanor counts of driving under the influence with a prior conviction for driving under the influence. The Public Defender was appointed to represent her, and his deputy successfully moved to suppress evidence. The trial court then dismissed both counts in the interest of justice. The State appealed the suppression order. California Rules of Court, rule 8.851(a) and (b) allow the appellate division to appoint counsel only for an indigent defendant who has been “convicted of a misdemeanor.” Nevertheless, the Public Defender filed a request with the appellate division to appoint counsel for Lopez on appeal. The California Supreme Court has already held that, when the State appeals a suppression order in a misdemeanor case, the defendant, if indigent, has a right to appointed counsel. The Supreme Court remanded to the Court of Appeal to determine whether the Public Defender’s appointment for purposes of trial continued for purposes of the appeal, or whether, on the other hand, the appellate division had to appoint new counsel. The Court of Appeal held the appellate division had to appoint new counsel, because the trial court was not statutorily authorized to appoint the Public Defender under these circumstances.
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