Roberson v. State, 300 Ga. 632

Background

Appellant Nick Roberson was convicted of family-violence simple battery and sought an appeal transcript at county expense, filing an affidavit of poverty and being represented by a public defender.
Under OCGA § 9-15-2, a party may file an affidavit of indigence to be relieved from court costs; the statute allows the court to inquire into the affidavit’s truth and makes the trial court’s factual findings final.
The trial judge, recalling testimony suggesting Roberson had recently moved into a “nice house,” requested additional proof of indigence and held a hearing.
The trial court denied Roberson’s motion after finding she failed to supply requested evidence; Roberson appealed.
The Court of Appeals affirmed; the Georgia Supreme Court granted certiorari to resolve whether the trial court’s indigence determination is reviewable on appeal and whether procedural error occurred.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Who has initial authority to determine indigence for transcript costs?	Roberson: affidavit + public defender determination should establish indigence for transcript costs.	State: OCGA § 9-15-2 vests factual determinations about ability to pay in the trial court.	Trial court has exclusive authority to determine indigence for costs; appellate courts may not review that factual determination on the merits.
Does the Indigent Defense Act make a public defender’s indigence determination binding for cost determinations?	Roberson: IDA determination of indigence for representation should bind the trial court for cost waivers.	State: IDA and OCGA § 9-15-2 govern different purposes; IDA does not displace costs statute.	IDA does not make public defender determinations conclusive for cost determinations; the costs statute controls.
Is the trial court’s factual finding that Roberson was not indigent subject to appellate review?	Roberson: trial court’s denial was erroneous and should be reviewable.	State: statute declares the trial court’s factual rulings final and not reviewable on the merits.	Factual finding is final and not reviewable on appeal under OCGA § 9-15-2.
Were there procedural defects (failure to hold hearing or consider evidence) that permit review?	Roberson: trial court procedurally erred, failed to consider submitted evidence.	State: trial court held a hearing and explained its reasons; missing evidence is not in the record.	No procedural error shown; trial court held a hearing and record lacks the additional evidence Roberson claims, so no procedural relief.

Key Cases Cited

Penland v. State, 256 Ga. 641 (recognizing OCGA § 9-15-2 bars appellate review of trial court factual determinations on ability to pay costs)
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 defendant)
Ford v. State, 254 Ga. App. 413 (procedural review permitted where trial court failed to make/record indigence determination)
Hawkins v. State, 222 Ga. App. 461 (procedure in appointing appellate counsel may be reviewed)
Massey v. State, 278 Ga. App. 303 (failure to rule on affidavit of indigence; harmless where appeal proceeded)
Adamson v. Sanders, 279 Ga. 187 (appellant bears burden to show error in record; omitted proof requires affirmance)