Accordingly, we will uphold a statute unless the challenging party demonstrates that it is unconstitutional beyond a reasonable doubt. Soohoo, 731 N.W.2d at 821. Morris has failed to demonstrate beyond a reasonable doubt that the recognition that misdemeanor defendants have a constitutional right to court-appointed counsel for a first review by postconviction proceeding mandates the appointment of the SPDO. The statutory right to state public defender representation does not necessarily include every person who has a constitutional right to court-appointed counsel. For example, misdemeanor defendants subject to imprisonment have had a right to trial counsel under the federal Constitution since 1972, see Argersinger v. Hamlin, 407 U.S. 25, 37, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972) (<HOLDING>), but they did not always have a statutory
holding that where the guidelines range was six to 12 months for the underlying offense the contempt should be classified as a class a misdemeanor holding that a felony drug offense is an offense punishable by more than one year as defined in 21 usc  80244 2000 regardless of whether the state of conviction classified the particular offense as a misdemeanor or felony holding that no person may be imprisoned for any offense whether classified as petty misdemeanor or felony unless he was represented by counsel at his trial holding that for purposes of applying enhanced penalty in  841b1a felony drug offense includes any crime punishable by more than one year of imprisonment regardless of whether it is classified as a felony or a misdemeanor holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction