SCOTT v. STATE

No. 10-01-169-CR.

80 S.W.3d 184 (2002)

Richard SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled July 17, 2002.

Discretionary Review Refused October 2, 2002.


Attorney(s) appearing for the Case

Richard Scott, Hamilton, pro se.

B.J. Shepherd, Hamilton County Dist. Atty., Martin L. Peterson, Hamilton County Asst. Dist. Atty., Meridian, for appellee.

Before Chief Justice DAVIS, Justice VANCE, and Justice GRAY.


OPINION

REX D. DAVIS, Chief Justice.

This appeal involves Richard Scott's assertion of indigence on appeal, his right to a free appellate record, and his right to court-appointed counsel. The trial court refused to find Scott indigent because: (1) it did not have before it a pleading requesting such a finding; and (2) Scott and his witnesses refused to provide testimony "under penalty of perjury," stating that to do so would be contrary to their religious...

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