State v. Alston

Eugene Edward Alston appeals from an order denying his motion to modify sentence made pursuant to sec. 974.06, Stats. By motion dated September 12, 1978, Mr. Alston moved this court for appointment of counsel, claiming indigency. We referred the matter to the State Public Defender (SPD) “for determination of indigency and the appointment of legal counsel under ch. 977.”

By memorandum dated November 15, 1978, the SPD’s office informed the court that the SPD “had had independent contact with Mr. Alston . . . [W]e have independently reviewed Mr. Alston’s request for counsel, have determined that…