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(Code 1981, §17-12-24, enacted by Ga. L. 2003, p. 191, § 1; Ga. L. 2006, p. 752, § 7/SB 503; Ga. L. 2008, p. 846, § 31/HB 1245.)
- In light of the similarity of the provisions, decisions under former Code Section 17-12-2 are included in the annotations for this Code Section.
- If defendant retains trial counsel and then claims indigence on appeal, the defendant bears the burden of making that fact known to the trial court or some responsible state official. Seay v. State, 220 Ga. App. 418, 469 S.E.2d 496 (1996) (decided under former O.C.G.A. § 17-12-2).
Because the trial court did not hold a plea withdrawal hearing and did not make a record of the court's determination of the defendant's indigency for appeal, the appellate court could not determine if the trial court abused the court's discretion or followed the procedures of former O.C.G.A. §§ 17-12-2(5),17-12-32,17-12-4(a) and Ga. Unif. Super. Ct. R. 29.2, 29.3, 29.5. Schlau v. State, 261 Ga. App. 303, 582 S.E.2d 243 (2003).
Defendant failed to show that the trial court abused the court's discretion in determining that the defendant was not entitled to a transcript free of charge and, contrary to the defendant's claim, the trial court was not required as a matter of law to follow the public defender's determination of indigence for that purpose. Roberson v. State, 335 Ga. App. 606, 782 S.E.2d 671 (2016), aff'd, 300 Ga. 632, 797 S.E.2d 104 (2017).
No results found for Georgia Code 17-12-24.