Reginald Montrelia Wickware v. The State of Texas

Summary

The Twelfth Court of Appeals ordered the trial court to determine whether Reginald Montrelia Wickware was indigent and entitled to receive the reporter’s record without charge. The court also required findings regarding payment arrangements if he was not entitled to a free record and directed the filing of supplemental records and a hearing transcript.

Holdings

1. A determination of indigency for appointment of counsel and a determination of indigency for obtaining a free appellate record are discrete inquiries; a defendant may be indigent for one purpose without being indigent for the other.
2. The trial court must conduct a hearing and make written findings and conclusions concerning whether Appellant is entitled to a reporter's record without charge and, if not, when he will make acceptable payment arrangements.

Questions Presented

1. Whether the trial court must determine whether Appellant is indigent and entitled to receive the reporter's record without charge when the appellate record is delayed because of nonpayment.
2. Whether indigency for appointment of counsel establishes indigency for purposes of obtaining a free appellate record.

Disposition

remanded