Anderson v. State

I respectfully dissent from the holding of the majority opinion.

The right to effective legal representation is guaranteed at every critical stage of a criminal proceeding, including appeal. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Appellant desired to appeal his conviction of forgery and his court-appointed appellate counsel was aware of that decision. Counsel failed to file the notice of appeal with the clerk of courts as required by SDCL 23A-32-16, but rather stated he sent it to the court reporter with instructions to file the notice for him.

In Grooms v.…