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STATE OF MINNESOTA IN SUPREME COURT A06-2101 Court of Appeals Anderson, G. Barry, J. Took no part, Dietzen, J.

Jeffrey C. Morris, Appellant, vs. State of Minnesota, Respondent. ____________________________________________ Filed: May 14, 2009 Office of the Appellate Courts

Lawrence Hammerling, Chief Appellate Public Defender, Bradford S. Delapena, Special Assistant Public Defender, St. Paul, Minnesota, for appellant. Lori Swanson, Attorney General, John S. Garry, Assistant Attorney General, St. Paul, Minnesota, for respondent. ____________________________________________

SYLLABUS 1. The right to assistance of counsel under Article I, section 6 of the Minnesota Constitution extends to indigent misdemeanor defendants in a first review by postconviction proceeding because, as with defendants in felony cases, defendants in misdemeanor cases cannot meaningfully access the right to first review by postconviction proceeding without the benefit of counsel. 1

2.

The recognition of this right does not mandate the appointment of the state

public defender. 3. The district court erred when it denied appellant's motion for appointment

of counsel in his first review by postconviction proceeding. Affirmed in part, reversed in part, and remanded.

OPINION ANDERSON, G. Barry, Justice. Appellant Jeffrey C. Morris pleaded guilty pro se to two counts of misdemeanor theft and received a sentence that required him to serve 45 days in the Hennepin County workhouse. Morris did not pursue a direct appeal. When Morris later filed a pro se petition for postconviction relief, he requested the appointment of counsel. His motions for appointment of counsel were denied by the district court and court of appeals on the basis of Minn. Stat.

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