same time ensnaring the hapless pauper.

case, the trial court made no express or written findings as to the reasons for Johnson's failure to pay or as to the inadequacy of alternative punishments. Rather, it inquired only as to Johnson's fitness to work before deciding to revoke Johnson's probation. Therefore, because the trial court made this determination without making the findings required by Bearden, it committed reversible error." Johnson v. State, 707 S.E.2d 373, 374(citing Bearden v. Georgia, 460 U.S. 660 (1983))

Appellant's claim that the statutory scheme at issue in this case violates a prisoner's right to equal protection of the laws fails.

related to the constitutional rights surrounding the furnishing of a prepaid statement of facts and transcript to a defendant in a nonfrivolous criminal appeal, the term does not and cannot, in keeping with the concept of equal justice to every man, mean absolute destitution or total insolvency. Rather, it connotes a state of impoverishment or lack of resources on the part of a defendant and which, when realistically viewed in the light of every day practicalities, substantially and effectively impairs or prevents his procurement of an adequate statement of facts and transcript necessary to a complete appellate review of his claims of error. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 69 S.Ct. 85, 93 L.Ed. 43; Hardy v. United States, 375 U.S. 277, Note 7 (concurrence per Goldberg, J.), 84 S.Ct. 424, 11 L.Ed.2d 331; Report of the Attorney General's Committee on Poverty and the Administration of Federal Criminal Justice (February 25, 1963), pp. 7, 8. In judicially passing upon a contested issue of a given defendant's ability to pay the costs of perfecting an appeal, consideration [***6] must, of necessity, revolve about and be given to the existence, nature, and extent of (a) the defendant's separate and community assets and liabilities; (b) the defendant's past and present occupation and earning capacity; (c) the defendant's credit standing; and (d) any other factors tending to substantially impair or materially enhance the defendant's ability to advance or secure the necessary costs. These factors must, in turn, be viewed and weighed in light of the fact that the defendant stands convicted of a crime, that due process of law entitles him to appellate review without undue delay, that ordinarily the transcription and delivery of a statement of facts is upon a "cash and carry" basis, and that friends of the defendant, however affluent, cannot be involuntarily obligated by him or compelled by the state to advance or secure such costs. At 389 P.2d 895 at 899. The Rutherford court observed that HN6 the initial burden rests upon a defendant to demonstrate to the court's satisfaction his inability to advance or secure the costs to pay for the transcript. Once the defendant makes such a showing, the state must come forward with substantial factual evidence of the [***7] defendant's ability to pay in whole or in part, the necessary costs. The court stated, "Mere innuendo, suspicion, or conjecture that a defendant may be able to secure or advance the cost is insufficient." Id. at 899. It has been said that, "While the determination of reasonableness is a matter within the discretion of the trial court, . . . no single factor should alone be determinative. The court should take into consideration all the factors in the affidavit and, in addition, consider the designation of record -- specifically, [*936] [**637] the degree to which the defendant has attempted to narrow the record to the issues to be presented on appeal." Bruner v. State ex rel. Dist. Court, Okl. Cty., 581 P.2d 1314 at 1316 (Okl.Cr.1978).

stand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.