§ 380.55 Application for poor person relief on appeal.

1. Where counsel has been assigned to represent a defendant in a
criminal action on the ground that the defendant is financially unable
to retain counsel, the court may in its discretion at the time of
sentencing entertain an application to grant the defendant poor person
relief on appeal. As part of an application for such relief, assigned
counsel must represent that the defendant continues to be eligible for
assignment of counsel and that granting the application will expedite
the appeal. If the court grants the application, it shall file a written
order and shall provide a copy of the order to the appropriate appellate
court. The denial of an application shall not preclude the defendant
from making a de novo application for poor person relief to the
appropriate appellate court.

2. Where counsel has been assigned to represent a defendant in a
criminal action on the ground that the defendant is financially unable
to retain counsel, the appellate court shall presume the defendant
eligible for assignment of counsel on appeal without further proof of
eligibility, and, thereby, issue an order assigning such counsel, if
counsel provides a sworn representation that the defendant continues to
be eligible for assignment of counsel.