Mowrer v. Appellate Department of Superior Court

Opinion

STONE (S. J.), P. J.

Here we consider whether a county public defender is mandated by statute to provide representation to all indigent misdemeanants on appeal in the absence of a written declaration that the proposed appeal will not reasonably be expected to result in the reversal or modification of the defendant’s sentence. We hold that Government Code section 27706, subdivision (a) 1 does not obligate the public defender to file such a declaration, and shall grant a peremptory writ of mandate.

Background

Glen Mowrer, in his capacity as Santa Barbara County Public Defender, was…