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Roberson v. State

The trial court's determination that the defendant was not indigent for the purpose of obtaining a transcript of her trial without charge was final.

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Necole Nick Roberson appeals her conviction and sentence of misdemeanor family-violence simple battery arising out of an altercation with her son during which Roberson injured her son by throwing a pot of boiling water at him. See OCGA § 16-5-23.1 f.

The record shows that Roberson pled not guilty, filed a request to be represented by an attorney, and averred that she was indigent and could not afford an attorney. A public defender was appointed to represent her, and the case proceeded to trial. On March 26, 2014, a jury found Roberson guilty of the charge, and on April 24, 2014, the court entered the conviction and sentenced Roberson to twelve months, with 30 days confinement suspended upon proof of an evaluation by a licensed psychiatrist and the balance on probation. On April 29, 2014, Roberson filed her notice of appeal together with an affidavit of poverty in which she asserted that on account of her poverty she was unable to pay the fees and costs normally required. The notice of appeal did not indicate, however, that any transcripts would be filed, and no trial transcript has been included in the appellate record before us.

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