Staten v. State

OPINION

DRAUGHN, Justice.

Appellant, Bill Dee Staten, was tried and found guilty of promotion of obscene material. Punishment was assessed at thirty days confinement and a five hundred dollar fine. After timely notice of appeal, appellant filed an affidavit of indigency and requested that his transcription of trial testimony be prepared without cost. Staten appeals from the trial court’s denial of this request. We find that the denial was improper and accordingly abate the appeal.

Article 40.09(5) of the Texas Code of Criminal Procedure (Vernon 1983) contains the procedure for obtaining a…