Hernandez v. Superior Court

Opinion

WOODS (Fred), J.

I

Introduction

In this petition for writ of mandate we are asked to decide whether rule 185.5 of the California Rules of Court requires the appellate department of *1186the superior court to conclusively presume a misdemeanor appellant is indigent for purposes of appointing appellate counsel if he was found indigent and represented by appointed counsel in the trial court. We find that rule 185.5 does not require such a conclusive presumption.

II

Facts and Proceedings Below

Petitioner Jorge Zavala Hernandez was tried in municipal court on a misdemeanor charge of receiving stolen…