NO. CR22063

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	35th JUDICIAL DISTRICT	
	§		
CHRISTOPHER DEWAYNE SPEES	§	BROWN COUNTY, TEXAS	

MOTION FOR A FREE REPORTER'S RECORD ON APPEAL

TO THE CLERK OF SAID COURT:
Now comes Christopher Dewayne Spees, Defendant, by and through undersigned counsel, and respectfully moves that this Court order the preparation of a free reporter's record on appeal pursuant to Rule 20.2 of the Texas Rules of Appellate Procedure, and for good cause shows the following:
1.	Christopher Dewayne Spees was convicted of Possession of Controlled Substance in this Court on November 6, 2017.
2.	Christopher Dewayne Spees gave written notice of appeal from this judgment of conviction on November 21, 2017.  At the same time, Christopher Dewayne Spees designated certain matters to be included in the reporter's record and in the clerk's record.
	3.	Under Rule 20 of the Texas Rules of Appellate Procedure, "the court must order the reporter to transcribe the proceedings" if the appellant cannot pay or give security for the appellate record.  Indigency "is a matter of the defendant's financial status at the time of appeal, not at the time of trial."  Zanghetti v. State, 582 S.W.2d 461 (Tex. Crim. App. 1979).  
	4.	Christopher Dewayne Spees is unable to pay for or give security for the reporter's record in this cause, as evidenced by his affidavit of indigence in this matter, and the finding of this court therefrom.  
WHEREFORE, PREMISES CONSIDERED, Christopher Dewayne Spees prays that this Court grant this Motion for a Free Reporter's Record on Appeal.
Respectfully submitted,

Emily Miller, Attorney
Woodley & Dudley Law Offices
707 Center Avenue
Brownwood, Texas 76801
Tel: (325) 646-7685
Fax: (325) 646-7688

By:	
Emily Miller
State Bar No. 00796347
emily@woodleydudley.net
Attorney for Christopher Dewayne Spees

CERTIFICATE OF SERVICE

This is to certify that on November 21, 2017, a true and correct copy of the above and foregoing document was served by fax on the District Attorney's Office, Brown County.  

	
Emily Miller

STATE OF TEXAS	§
	§
COUNTY OF BROWN	§

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Emily Miller, who after being duly sworn stated:
"I am the attorney for the defendant in the above entitled and numbered cause.  I have read the foregoing Motion for a Free Reporter's Record on Appeal and swear that all of the allegations of fact contained therein are true and correct."

	
Emily Miller
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on November 21, 2017, to certify which witness my hand and seal of office.

Notary Public, State of Texas

STATE OF TEXAS	§
	§
COUNTY OF BROWN	§

AFFIDAVIT

BEFORE ME, the undersigned authority, on this day personally appeared Christopher Dewayne Spees, who after being duly sworn stated:
"I am the defendant in the above entitled and numbered cause.  I have read the foregoing Motion for A Free Reporter's Record on Appeal and swear that all of the allegations of fact contained therein are true and correct.

"I am unable to pay for or give security for the reporter's record in my appeal."

	
Christopher Dewayne Spees
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on November 21, 2017, to certify which witness my hand and seal of office.

Notary Public, State of Texas

NO. CR22063

STATE OF TEXAS	§	IN THE DISTRICT COURT	
	§		
vs.	§	35th JUDICIAL DISTRICT	
	§		
CHRISTOPHER DEWAYNE SPEES	§	BROWN COUNTY, TEXAS	

O R D E R

On 			, 2017, came on to be considered Christopher Dewayne Spees's Motion for Free Reporter's Record on Appeal, and said motion is hereby:

(Granted)                   (Denied)

JUDGE PRESIDING