From Casetext: Smarter Legal Research

Harris v. State

Court of Appeals of Georgia
Apr 24, 1984
318 S.E.2d 315 (Ga. Ct. App. 1984)

Opinion

67905.

DECIDED APRIL 24, 1984.

Arson. Fayette Superior Court. Before Judge Miller.

Steven H. Sadow, for appellant.

Johnnie L. Caldwell, Jr., District Attorney, Paschal A. English, J. David Fowler, Assistant District Attorney, for appellee.


Appellant was convicted of arson in the second degree. In the instant appeal, appellant's sole enumeration of error relates to the denial of his motion to proceed in forma pauperis.

It is essentially appellant's position that he is indeed indigent and that the trial court's denial of the motion was erroneous. Appellant also asserts that the trial court erred because its order denying the motion contains no findings of fact. There is no statutory authority which requires that findings of fact be made in an order denying a motion to proceed in forma pauperis. Moreover, "`[t]he ruling of the trial court on all issues of fact concerning the ability of a party to pay costs or give bond is final under the provisions of [OCGA § 9-15-2 (b)] and is not subject to review. [Cit.]' [Cits.]" Bray v. State, 152 Ga. App. 404, 405 ( 263 S.E.2d 184) (1979). The factual issue of appellant's indigency was submitted to the trial court and resulted in the determination that he lacked that status. This ruling is final and not subject to review by this court. Grace v. Caldwell, 231 Ga. 407 ( 202 S.E.2d 49) (1973); Williams v. State, 147 Ga. App. 632 ( 249 S.E.2d 694) (1978); Ferry v. State, 151 Ga. App. 436 ( 260 S.E.2d 351) (1979); Bray v. State, supra; Quick v. State, 166 Ga. App. 492, 495 (4) ( 304 S.E.2d 916) (1983).

Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.

DECIDED APRIL 24, 1984.


Summaries of

Harris v. State

Court of Appeals of Georgia
Apr 24, 1984
318 S.E.2d 315 (Ga. Ct. App. 1984)
Case details for

Harris v. State

Case Details

Full title:HARRIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 24, 1984

Citations

318 S.E.2d 315 (Ga. Ct. App. 1984)
318 S.E.2d 315

Citing Cases

Rolleston v. Estate of Sims

Quarterman v. Weiss, 212 Ga. App. 563, 564(5) ( 442 S.E.2d 813) (1994). See also Penland v. State, 256 Ga.…

Morris v. Department of Transportation

" (Citations and punctuation omitted.) Harris v. State, 170 Ga. App. 726 ( 318 S.E.2d 315) (1984). Contrary…