Key legal question
Whether the appellate court violated the defendant's right to be heard by asking only the official defender to waive an oral appeal hearing.
Extracted holding
No. The defendant had been consulted through the official defender and had the opportunity to express his position; the court could rely on that waiver.
Extracted reasoning
The right to be heard requires an opportunity to comment, not that every counsel be separately consulted. The defendant was informed via his official defender, and the record showed consultation. Since the retained counsel did not appear in the appeal proceedings, the court was not required to address him separately.