Christopher Gardner, as Public Defender v. Appellate Division of the Superior Court of San…

Summary

The court held that an indigent misdemeanor defendant has a state constitutional right to appointed counsel when responding to the prosecution's pretrial appeal of an order suppressing evidence. Such an appeal is a critical stage because it can revive the prosecution and substantially prejudice the defendant, while appellate procedures are too complex to substitute for counsel. The court reversed and remanded for the lower court to determine whether new counsel must be appointed or the existing public defender remains appointed.