White v. State (2014)

In White v. State, 441 S.W.3d 803 (Tex. App.--Texarkana 2014, order), the Court held that the trial court erred in ruling that the defendant was not indigent. The Court first noted that "the State presented no evidence to dispute White's evidence as to his income" except to show that he had posted a $10,000.00 surety bond upon conviction and a $1,000.00 surety bond on another charge immediately after he was arrested. Id. at 806. The Court then noted that Article 26.04(m) of the Texas Code of Criminal Procedure prohibits the trial court from considering "'whether the defendant has posted or is capable of posting bail, except to the extent that it reflects the defendant's financial circumstances as measured by the considerations listed in this subsection.'" Id. (quoting Tex. Code Crim. Proc. Ann. art. 26.04 (West Supp. 2014)). The Court further noted that the defendant had "made a prima facie case of indigence, and the State failed to meet its burden to show that White was not indigent." Id. at 807. Accordingly, in the absence of any evidence to rebut the defendant's prima facie case, other than his ability to make bail, we held that the trial court erred in finding the defendant was not indigent. Id. at 808.