Right to counsel in a pre-conviction appeal; People v. Murphy; Remand for appointment of appellate counsel

In an order in accordance with a Supreme Court order (see e-Journal # 73111 in the 5/26/20 edition) and after plenary consideration of the parties’ arguments on reconsideration, the court vacated its opinion (see e-Journal # 71438 in the 10/9/19 edition) and reinstated the prosecution’s first-tier appeal. The court concluded that its failure to remand the case to the trial court for a determination of whether to appoint appellate counsel for defendant denied him his right to counsel in a pre-conviction appeal. The court remanded the case to the trial court for the appointment of appellate counsel. The trial court was directed to transmit a copy of the order appointing counsel to the court’s Clerk “within 7 days of the decision. Appointed counsel shall file defendant’s appellee’s brief within 35 days of the date of this order.” The prosecution may file a reply brief. The court retained jurisdiction.