(a) Standards for appointment (1) On application, the appellate division must appoint appellate counsel for a defendant was represented by appointed counsel in the trial court or establishes indigency and who: (A) Was convicted of a misdemeanor and is subject to incarceration or a fine of more than $500 (including penalty and other assessments), or who is likely to suffer significant adverse collateral consequences as a result of the conviction; or (B) Is charged with a misdemeanor and the appeal