Martin v. State

SMITH, Chief Judge.

On appeal, Martin argues that the trial court erred in denying her motion to be certified as indigent for purposes of this appeal. While proper review of this order is by motion, see Rule 9.430, Florida Rules of Appellate Procedure, we treat the issue as if the proper remedy had been sought, see Rule 9.040(c).

We find the action of the trial court was incorrect in two respects. First, the order of denial fails to state the reasons therefor as required by the express terms of Rule 9.430. Second, appellant was declared indigent eight months prior to sentencing and an assistant…