State v. Francis

In 1992, Defendant was convicted of murder. In 2010, Defendant filed a third motion to correct an illegal sentence. The trial court denied the motion on the merits. Defendant appealed, arguing that the trial court violated his right to counsel by denying his request for the assistance of counsel without adhering to the procedure set forth in Anders v. California. The Appellate Court reversed the trial court’s denial of Defendant’s request for the appointment of counsel, holding that Anders applied to Defendant’s claim and that the requirements of Anders were not satisfied in this case. The Supreme Court affirmed, holding (1) the Anders procedure is not required to safeguard the statutory right to counsel in the context of a motion to correct an illegal sentence; but (2) the trial court erred by failing to appoint counsel to assist Defendant in determining whether a sound basis existed for him to file his motion, and the error was not harmless. View "State v. Francis" on Justia Law