Kahmann v. State (873 S.W.2d 785, 1994)

ONION, Justice (Retired).

This appeal arises out of a conviction for engaging in organized criminal activity. After the jury found appellant guilty, it assessed his punishment at twenty-five years’ imprisonment and a fine of $10,000.

A sole point of error is advanced. Appellant contends that the “trial court’s findings that a material change of circumstances has occurred since appellant’s determination of indigency and that appellant is no longer indigent are not supported by the record.” The thrust of appellant’s contention is that the trial court found that he was not indigent at the time of appeal and deprived him of a free statement of facts for the purpose of appeal from his conviction.

Criminal defendants do not have a constitutional due process right to appeal. Griffin v. Illinois, 351 U.S. 12, 20, 76 S.Ct. 585, 591, 100 L.Ed. 891 (1956); Rosales v. State, 748 S.W.2d 451, 454 (Tex.Crim.App.1987), cert. denied, 487 U.S. 1241, 108 S.Ct. 2917, 101 L.Ed.2d 949 (1988). The right to appeal in Texas is purely statutory. Rosales, 748 S.W.2d at 454; Galitz v. State, 617 S.W.2d 949, 951 (Tex.Crim.App.1981). Since an appellate review of criminal convictions is provided in this state, a Texas trial judge has a duty under the federal and state constitutions to provide an indigent defendant with an adequate record on appeal. Abdnor v. State, 712 S.W.2d 136, 139 (Tex.Crim.App.1986).

The procedure by which an indigent defendant can obtain a record is set out in Rule 68