Appellant Jerry Dennis Lillard pled guilty to forgery without a plea agreement and was sentenced to two years of confinement. ⁽¹⁾ On appeal, Lillard asserts the trial court erred by not finding him totally indigent and requiring him to pay for part of the cost of the reporter's record.

The clerk's record reveals Lillard never asserted indigency status before the trial court in the forgery case, ⁽²⁾ and the trial court did not enter the order of which Lillard complains. Therefore, Lillard's issue presents no error for our review. Lillard's sole issue is overruled, and the judgment of the trial court is affirmed.

AFFIRMED.

STEVE McKEITHEN

Chief Justice

Submitted on December 19, 2005

Opinion Delivered January 4, 2006

Do Not Publish

Before McKeithen, C.J., Kreger and Horton , JJ.

1.The appellate record contains the clerk's record but does not contain the reporter's record.

2. In a separate case involving theft, which is also currently pending before this Court, Lillard filed a motion for a free reporter's record on appeal. In the theft case, the trial court entered an order finding Lillard was not indigent at all material times and ordering him to pay sixty-five percent of the cost of the reporter's record. In his brief to this Court in the theft case, Lillard asserts the same issue regarding his alleged indigency.