Roberson v. State, 300 Ga. 632

Appellant Nick Roberson was convicted of family-violence simple battery and was represented at trial by a public defender.
Roberson sought a trial transcript for appeal without charge under OCGA § 9-15-2 (affidavit of indigence) and filed an affidavit of poverty.
The trial judge, recalling testimony suggesting Roberson had moved into a "nice house," asked for documentary proof of indigence, held a hearing, and denied the motion for a free transcript.
Roberson appealed; the Court of Appeals upheld the trial court, and the Georgia Supreme Court granted certiorari to resolve whether the trial court’s indigence determination is reviewable on appeal.
The Supreme Court affirmed, holding the costs statute assigns exclusive factfinding authority on ability to pay to the trial court and bars appellate review on the merits; however, limited procedural review is permitted but no procedural error was shown in this record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Who determines indigence for transcripts and whether that determination is reviewable on appeal	Roberson: her affidavit of poverty and the public defender’s finding create a presumption of indigence and appellate review should be allowed	State: OCGA § 9-15-2 vests final factual authority in the trial court; appellate courts may not disturb the trial court’s factual finding on ability to pay	Held: The costs statute gives the trial court exclusive authority; appellate review on the merits of that factual determination is barred (affirmed)
Whether procedural defects in the trial court’s indigence determination permit appellate review	Roberson: trial court improperly ignored or failed to consider evidence of indigence and thus procedural review is warranted	State: trial court held a hearing, explained reasons, and met statutory procedural requirements; record lacks evidence of procedural error	Held: Procedural review is possible in principle, but none warranted here because the record shows a hearing and the appellant failed to include claimed supporting documents in the record

Penland v. State, 256 Ga. 641 (court’s judgment on indigence under OCGA § 9-15-2 is not subject to appellate review)
Mitchell v. State, 280 Ga. 802 (indigent appellant entitled to free trial transcript when trial court finds indigence)
Bostick v. Ricketts, 236 Ga. 304 (burden of proving indigence rests with the defendant)
Adamson v. Sanders, 279 Ga. 187 (appellate court must assume record supports trial court when necessary proof is omitted from the record)
Ford v. State, 254 Ga. App. 413 (procedural review of indigence determinations may be appropriate)
Hawkins v. State, 222 Ga. App. 461 (review of procedure in making appointed appellate counsel decisions is authorized)
Massey v. State, 278 Ga. App. 303 (failure to rule on affidavit of indigence may be harmless if appeal proceeds)