Duty of the court after notice of appeal

After the court has informed the defendant of defendant’s right to appeal as provided by Rule 26.9(b)(4), and where timely notice of appeal is given by the defendant and upon a finding of indigency by the court, the court shall enter an order appointing counsel to represent the defendant on appeal if the defendant so desires, and shall order that a certified copy of the record and reporter’s transcript be provided without cost, if the appeal is from a judgment and sentence of the circuit court. Committee Comments An indigent defendant has a constitutional right, through the equal protection clause of the United States Constitution’s Fourteenth Amendment, to have appointed counsel on an appeal of right. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). ABA, Standards for Criminal Justice, Criminal Appeals 21-2.2(a) (2d ed. 1986), provides that “Counsel, whether retained or appointed to represent a defendant during trial court proceedings, should continue to represent a sentenced defendant until a decision has been made whether to appeal and, if an appeal is instituted, to serve the defendant at least until new counsel is substituted, unless the appellate court permits counsel to withdraw at an earlier time.” The Alabama committee, which compared the ABA Standards for Criminal Justice with Alabama law, rules and legal practice, recommended the adoption of this standard. Report of the Alabama Comparative Committee to the Department of Court Management of the State of Alabama at p. 343.