July/August 2004 VOICE FOR THE DEFENSE 1

NO. 2003
STATE OF TEXAS § IN THE 590TH JUDICIAL
§
vs. § DISTRICT COURT OF
§
GENA SMITH § TRAVIS COUNTY, TEXAS
REQUEST FOR A DETERMINATION OF INDIGENCY
COMES NOW, Gena Smith, accused of capital murder in the above-entitled and numbered cause, by
and through her counsel of record, hereby requests a determination of indigency, pursuant to Article 26.04 of
the Code of Criminal Procedure, and appoint as counsel the following undersigned attorney, and would show
the Court the following:
I.
Article 26.04(p) of the Code of Criminal Procedure provides that a trial court may make an indigency
determination of a formerly non-indigent person if there has been a material change in financial circumstances.
Ms. Smith has shouldered the entire burden of defense herself. However, she has depleted her funds and no
longer has the financial resources to pay for all that is necessary to her defense.
II.
Article 26.04(m) of the Code of Criminal Procedure provides that this Court may consider such factors
as income, source of income, property owned, outstanding obligations, necessary expenses, the number
and ages of dependents, and available spousal income.
III.
Investigative and legal services are necessary to the defense of this case. However, Ms. Smith has virtually
nothing left to obtain these services. She therefore requests the Court to make an indigency determination
and declare her indigent.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this Motion be granted.
Respectfully submitted,
Keith S. Hampton
1103 Nueces Street
Austin, Texas 78701
(512) 476-8484
FAX: (512) 476-0953
Texas Bar. No. 08873230
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE: I hereby certify that a true and correct copy of the foregoing Motion has been
delivered to the District Attorney’s Office, Travis County, Texas on this day, December 8, 2004.
34 VOICE FOR THE DEFENSE July/August 2004