Is it a denial of equal protection to fail to grant a request of an indigent criminal defendant for counsel to handle his appeal?

In Douglas v. California (1963) 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, it was held a denial of equal protection to fail to grant outright a request of an indigent criminal defendant for appointment of counsel to handle his appeal. In the case before us petitioner did not request counsel. He alleges, however, that he had no knowledge of his right to request counsel on appeal.

These facts present an issue which the record does not show to have been presented to the state courts. Furthermore, Douglas v. California was handed down after the district court of appeal had acted on petitioner's appeal, and the California courts have never had an opportunity to appraise petitioner's rights in the light of that opinion.