State v. Dean

Arvid E. Dean appeals two convictions of operating a motor vehicle while under the influence of an intoxicant (OWI), contrary to sec. 346.63(l)(a), Stats. Dean also appeals from an order denying a portion of his motion for postconviction relief. The issue is whether the trial court's refusal to appoint counsel based solely on the state public defender's determination of nonindigency was a denial of his right to counsel. Because this court concludes that Dean was denied his right to counsel when Judge John R. Race and Judge Robert J. Kennedy deferred to the public defender's findings without…