PAUL ANTWANN HARLAN, TDCJ# 1969190 Petitioner,

THE STATE OF TEXAS, NO. PD-1272-15

§ § § § § IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS



### MOTION AND AFFIDAVIT FOR A FREE REPORTER'SKrTjBgWED§N 

# AND CLERK'S RECORD FOR AN APPEALTMRTOFCRI^NALAPPEALS DEC 112015 

### TOTHEHONORABLEJUDGESOFSAIDCOURT: AbelAcOSta,Clerk COMES NOW, Paul Antwann Harlan, "Defendant," pro se, and respectfully moves 

### this Court to order the preparation of afree Reporter's Record and Clerk's Record 

## forhisappeal, pursuant toRule 20.2of theTexasRulesof£—-"-*•-w-^-^—

- and for good cause shows this Honorable Court the following: LAPPEALS

I. BACKGROUND: 

### DEC 112S;5 AbelAcosta, Clerk Paul Antwann Harlan was convicted of Aggravated Robbery onNovember 20, 2014 

### and was sentenced to 50 years in the Texas Department of Criminal Justice. Paul 

### Antwann Harlan is presently confinedat the FrenchM. RobertsonUnit, 12071 F.M. 3522, Abilene, Texas 79601.

II. FACTS: 

### This motion is presented in good faith, so that Paul Antwann Harlan may obt 

### aincopies of all documents available in the Reporter's andClerk's Records, to assist him in the preparation of his appeal. Without these records, Paul Antwann Harlan will be unable to file ameaningful appeal on Constitutional errors stemming from the record. Paul Antwann Harlan is unable to pay for or give security for the 

### Clerk's orReporter's Record. Paul AntwannHarlan requests that all therecords be 

### providedat nocost to theDefendant, or loaned to theDefendant at the address listed in Section (I) of this motion, in order that hemay file ameaningful appeal. MaticnfoeFreeRecord

-tio. H>i272-i5

- ~" !
—— Rige 1III. DESIGNATION OF MATTERS TO BE INCLUDED FROM REPORTER'S RECORD: Pursuant to Texas Rules of Appellate Procedure 34.1 and 34.5, Paul Antwann 

### Harlan requests the followingmatters to be included in the Clerk's Record: (1) Complaints; (2) Capias; (3) Affidavit of Indigency; (4) Correspondence and Com munication between Court and counsel; (5) All motions and pleadings filed by the State or the Defendant, and not otherwise required to be included under Rule 34.5 

### (a), Texas Rules of Appellate Procedure; (6) All orders issued by the Court and not otherwise required to be included under Rule 34.5(a), Texas Rules of Appellate Pro cedure; (7) All verdict forms submitted to the judge; (8) Sentence; (9) Commitment; 

### (10) Ruling of the Court on all written bills of exception; (11) All exhibits admi tted into evidence; (12) All defense exhibits offered into evidence, but not recei ved in evidence; (13) Those items identified in Rule 34.5(a)(1) through (11), Texas Rules ofAppellate Procedure; and all other matters required by the Texas Rules of Appellate Procedure, Texas Code of Criminal Procedure, and any other law.

IV. MATTERS TO BE INCLUDED IN CLERK'S RECORD: Pursuant to Texas Rules ofAppellate Procedure 34.1, Paul Antwann Harlan requests that the Court Reporter or reporters who made the record in this cause 

### prepare aReporter's Record, and that the testimony include in the Reporter's Reco rd be in question and answer form, the following matters are to be included in the Reporter's Record: (1) Testimony of all witnesses heard, including questions and objections ofcounsel 

### and the rulings arid remarks of the Court thereon; (2) Arguments and opening and closing statements of counsel, including objections of counsel and the rulings and remarks of the Court thereon; (3) All matters heard, including pre-trial, trial and 

### post-trial hearings, charge conferences and bench conferences, objections, rulings, and remarks of the Court thereon; (4) All bills of exception and testimony thereon, 

### including objections of counsel, and the rulings and remarks of the Court thereon; (5) Testimony taken during sentencing proceedings, including arguments and objecti 

### ons of counsel, and the rulings and remarks of the Court thereon; (6) Testimony taken during Motion For NewTrial proceedings, including arguments and objections 

### of counsel, and the rulings and remarks of the Court thereon; (7) All exhibits off ered or introduced into evidence; and (*) Police Reports.



### MsticnForFreeReooal

-tb, HM272-15

- : ~""" "T^p"V. ARGUMENT: Pursuant to Texas Rule of Appellate Procedure 20.2, within the time for per fecting the appeal, an appellant who is unable to pay for the appellate record may, bymotion and affidavit, ask the trial court to have the appellate record furnished without charge. If after hearing the motion, the Court finds that the appellant cannot pay or give security for the appellate record, the Court must order the Rep orter to transcribe the proceedings. When the Court certifies that the appellate record has been furnished to the appellant, the reporter must be paid from the gen eral fund of the county in which the offense was committed, in the amount set by the trial court. Paul Antwann Harlan makes the Court aware that his transcripts are required to file his Habeas Corpus Appeal and all federal and Supreme Court appeals. In Blackshear, the appeals court reasonaed that, "The State must, as amatter of equal protection, provide indigent prisoners with the basic tools of anadequate defense 

### on appeal, when those tools are available for aprice to other prisoners. Among these basic tools is a transcript of prior proceedings, when needed for aneffecti vedefense or appeal. In determining whether adefendant needs a transcript
... two factors [are taken] into account: (1) The value of the transcript to an effective defense; and (2) the availability of alternative devices that would fulfill the 

### same functions as a transcript." Blackshearv. State, 342 S.W.3d 777, 781 (Tex.App. 2011); 385 S.W.3d 589 (Tex.Grim.App. 2012). Inmaking its determination of indigency, the Court should try to set rigid standards. The trial court must determine appellant's financial status at the time of appeal, cot at the time of trial. Unless legally bound to pay, outside sources, such as parents orrelatives, may not be considered by the trial court in the dete rmination of indigency. An appellant may not bedeprived of a free record simply because the appellant was represented byretained counsel at trial. Ramadanv. State, 89 S.W.3d 744, 746 (Tex.App.

- 1.1st Dist. j Houston 2002); See also Tuckv. 

### State, 215 S.W.3d 411, 416 (Tex.Crim.App. 2007)(Holding that, "the reasonableness of a defendant's expenses and financial obligations must be viewed in light of the totality of his financial situation and not in isolation. The fact that adefendan t's income is less than his expenses does not create anautomatic presumption that his expenses are unreasonable ... A court cannot presume unreasonableness; some aspect of the record must support such a determination."). MadaiibrPreetacd-Nc). BM272-J5

- "~~ I5i~3VI.

- PRAYER:
- WHEREFORE, PREMISES CONSIDERED, Paul Antwann Harlan prays that: 

### (1) This Court GRANT this MotionAnd Affidavit ForAFree Reporter's Record And Clerk's Record For An Appeal -or- in the alternative, (2) The COurt allows Paul Antwann Harlan to view the records through the unit law library, located at the 

### address in Section (I) and return said record after completion of appeal; (3) In 

### the event that the Court requires ahearing to re-determine Defendant's inability to pay the cost of the appeal, Paul Antwann Harlan requests an evidentiaryhearing at which time proof of inability to pay or give security for these records can be offered. I, Paul AntwannHarlan, TDCJ# 1969190, being presently incarcerated at the French M. Robertson Unit of the Texas Department of Criminal Justice inJones Coun 

### ty, Texas; do hereby verify and declare under penalty of perjury that the foregoing statements are both true and correct, as well as offered in good faith. LTex.Civ.Prac.& Rem.Code § 132.001-003 et seq./Title 28 U.S.C. § 1746] 

### (Asigned/datedcopyof thisMDUCNshallhavethesanevalidity asitsoriginal) 

# SIGNEDANDEXECUTED on this the U^ day ofNovember, 2015.
RESPECTFULLY SUBMITTED, 

# /«/hULCUtLnr^^! Kh&r^—sr Defendant, Pro Se Paul Antwann Harlan # 1969190 French M. Robertson Unit 12071 F.M. 3522 Abilene, Texas 79601 (325) 548-9035 CERTIFICATE OF SERVICE: 

### The above signer hereby certifies that a true and correct copy of the foreg oing MOTION AND AFFIDAVIT FOR AFREE REPORTER'S RECORD AND CLERK'S RECORD FOR AN APPEALhas been forwarded via 1st Class U.S. Mail. Postage Pre-Paid, to the attorn ey of Respondent: G. Brian Garrison at 133N. Riverfront Blvd.; LB 19, Dallas, TX 

## 75207 onthis the M^ dayofNovember, 2015. "" ^ -.' A ._ . „ , k

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-ND. H>12?2-i5 ~~ "" ' : RgTNO. PD-1272-15 PAUL ANTWANN HARLAN § TDCJ# 1969190 § 

### Petitioner, $ V. § COURT OF CRIMINAL APPEALS 

# THE STA^|as^enJEXAS | AUSTIN, TEXAS

AFFIDAVIT OF INABILITY TO PAY COST 

### (The following declaration is made pursuant to the Texas Rules of Civil Procedure



### andTitle 6, Chapter 132 of the Civil Practices and Remedies Code.) NOWRESPECTFULLY COMES, Paul Antwann Harlan, TDCJ # 1969190, and declares 

### that Iam unable to pay any court costs ifi this APPEAL and REQUEST FOR RECORD, and 

### request leave of Court to proceed in forma pauperis, andwould further show this Honorable Court the following: 

### 1) Iampresently incarcerated at the FrenchM. Robertson Unit of the TDCJ-CID 

### System, where Iamnot permitted to earn norhandle money; 2) Ihave no source of income or spousal income at this time; 

### 3) Icurrentlyhave approximately $7fit) credited tome in the InmateTrust Fund; 4) During my incarceration in theTDCJ-CID System, Ihave received approximately $3(9 per month as gifts fromrelatives and friends; 

### 5) Ineither own nor have an interest in any realty, stocks, or bank accounts and I receive no interest ordividend income from any other source; 6) I have -0- dependants; 

### 7) Ihave total debts of approximately $iD,ooo +; 8) I owe $ jom[) as restitution; and 

### 9) Mymonthly expenses are approximately $2X> +. 

### I, Paul4 AntwannHarlan, TDCJ# 1969190, being presently incarcerated at the FrenchM. Robertson Unit of the Texas Department of Criminal Justice in Jones Coun 

### ty, Texas; doherebyverify and declare under penalty of perjury that the foregoing AFFIDAVIT is both true and correct, as well as offered in good faith. 

### LTex.Civ.Prac.&Rem.Gode §132.001-003 et seq./Title 28 U.S.C § 1746] (Asigned/datedcopyofthisAFFIDAVITshallhavethesanevalidityasitsoriginal) 

## SIGNED AND EXECUTED on this the M"1"^ddy ofNovember, 2015. RESPECTFULLY SUBMITTED, 

# /S/\c11J.Q rik~uK^J\cxlL— Defendant, Pro Se Paul Antwann Harlan # 1969190 French M. Robertson Unit 12071 F.M. 3522 Abilene, Texas 79601 

### MarionForFreeRecord

-No. HKL272-15

- : P^~3 IN THE

# r

NO. PD-1272-15
PAUL ANTWANN HARLAN, TDCJ # 1969190 Petitioner, V. THE STATE OF TEXAS Respondent. § § § § § , IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

ORDER:
CAME ON FOR HEARING on this the day of .» 2015, Defendant's MOTION AND AFFIDAVIT FOR A FREEREPORTER'S RECORD AND CLERK'S RECORD FOR AN APPEAL, and it is hereby ORDERED of this Court that the Defendant's Motion is hereby:

GRANTED / DENIED
Signed on this the day of , 2015.

JUDGE PRESIDING

MatLonForFreeRecord

- No. ED-1272-15

- Page 6CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 12/03/15 R351/RBA2431 IN-FORMA-PAUPERIS DATA 13:17s14 TDCJ#: 01969190 SID#: 0533B974 LOCATION: ROBERTSON INDIGENT DTE: 09/25/15 NAME: HARLAN,PAUL ANTWANN BEGINNING PERIOD: 06/01/15 PREVIOUS TDCJ NUMBERS: 00932412 CURRENT BAL: 2.90 TOT HOLD AMT: 0.00 3MTH TOT DEP: 0.00 6MTH DEP: 30.00 6MTH AVG BALs 11.89 6MTH AVG DEP: 5. ©0 MONTH HIGHEST BALANCE TOTAL DEPOSITS 11/15 2.90 0.00 10/15 2.90 0.00 09/15 25.56 0.00 MONTH HIGHEST BALANCE TOTAL DEPOSITS 08/15 25.56 0.00 07/15 30.00 30.00 06/15 0.03 0.00 PROCESS DATE HOLD AMOUNT HOLD DESCRIPTION

STATE OF IE£f5 

### ON THIS TH^^£ COUNT DAY OF j\gjfrffr3C <XJ1 I CERTIFY THAT THIS DOCUMENT FrTcOPY MADE BY ME OF INFORMATION CONTAINED I„w COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG PF1-HELP PF3-END ENTER NEXT TDCJ NUMBER: OR SID NUMBER 20MPLETE,AND UNALTERhu •——•—•»>—»—— ROBERTBAKER NotaryPublic,Stateof Texas MyCommissionExp07-09-18