Steven Lynn Jones v. State
05-14-00243-CR
Tex. App.Mar 13, 2015Background
- Steven Lynn Jones was convicted of arson and sentenced to seven years in prison; he timely appealed.
- Jones filed a motion and affidavit requesting a free reporter’s record for appeal on April 14, 2014; his sentence was imposed February 11, 2014, so the Rule 20.2 deadline was March 13, 2014.
- At an April 28 hearing the trial court found Jones was not indigent, denied the free record request, and later entered written findings that the affidavit contained inaccuracies and was untimely.
- The trial court noted inconsistencies between Jones’s affidavit (which claimed incarceration and inability to make $50,000 bail) and his hearing testimony (he was out on bond and had monthly income and assets).
- The court found Jones had monthly income (Social Security and temporary payments from a business sale) and expenses that left discretionary funds potentially available to pay for the record; the court also relied on Jones’s failure to timely file the affidavit.
- Jones argued on appeal that the trial court erred in denying the free reporter’s record for (1) untimeliness and (2) failure to find indigence; he also argued ineffective assistance of counsel caused the delay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion/affidavit for a free reporter’s record was timely under Tex. R. App. P. 20.2 and 26.2 | Jones: filed April 14, 2014; contends denial was error and delay resulted from counsel | State: deadline was March 13, 2014 (30 days after sentencing); Jones’s filing was untimely | Court: Denial proper; filing was untimely and trial court could base denial on lack of due diligence |
| Whether Jones made a prima facie showing of indigence so trial court had to order a free reporter’s record | Jones: affidavit asserted indigence and inability to pay the estimated >$7,000 cost | State: affidavit contained false/incomplete statements; hearing evidence showed income, assets, and potential ability to pay or finance payment | Court: Evidence supported trial court’s finding Jones did not make a prima facie showing of indigence; court did not abuse discretion |
| Whether the trial court could disbelieve Jones’s affidavit and testimony | Jones: contends discrepancies do not justify denial | State: highlighted inconsistencies and omitted assets/income in affidavit | Court: Trial court permissibly relied on reasonable, articulable bases to disbelieve affidavit and testimony |
| Whether ineffective assistance of counsel excuses the late filing | Jones: counsel’s actions caused delay | State: record insufficient to show counsel deficient or prejudice | Court: Direct appeal record inadequate to prove ineffective assistance; claim not shown |
Key Cases Cited
- McFatridge v. State, 309 S.W.3d 1 (Tex. Crim. App. 2010) (trial court’s non‑indigence finding upheld only if record supports it; appellate review is for abuse of discretion)
- Whitehead v. State, 130 S.W.3d 866 (Tex. Crim. App. 2004) (timely filing and due diligence required; court may disbelieve indigence only for reasonable, articulable bases)
- Snoke v. State, 780 S.W.2d 210 (Tex. Crim. App. 1989) (defendant must timely file affidavit and sustain indigence at hearing to obtain free record)
- Abdnor v. State, 712 S.W.2d 136 (Tex. Crim. App. 1986) (due diligence requires timely filing of pauper’s oath for free statement of facts)
- Newman v. State, 937 S.W.2d 1 (Tex. Crim. App. 1996) (indigence determination reviewed for abuse of discretion)