The court should take into consideration all the factors in the affidavit and, in addition, consider the designation of record — specifically, 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). In the present case, the State contends that since appellants have not made a showing as to their need for the transcript of the preliminary hearing they have not attempted to narrow the record to issues to be presented on appeal. The cost of the preliminary hearing transcript comprises approximately half the total amount of costs requested by appellants.

But see State v. Clark, 88 Wn.2d 533, 534, 563 P.2d 1253, 1254 (1977). See United States v. Anderson, 567 F.2d 839, 840 (8th Cir. 1977); United States v. Ellsworth, 547 F.2d 1096, 1098 (9th Cir. 1977), cert. denied, 431 U.S. 931, 97 S.Ct. 2636, 53 L.Ed.2d 247 (1977); United States v. Schmitz, 525 F.2d 793, 795 (9th Cir. 1975); United States v. Kaufman, 452 F.2d 1202, 1202 (4th Cir. 1971), cert. denied, 405 U.S. 989, 92 S.Ct. 1252, 31 L.Ed.2d 455 (1972); Wilson v. State, 280 Ala. 167, 169, 190 So.2d 720, 722 (1966); State v. Reynolds, 108 Ariz. 541, 545, 503 P.2d 369, 373 (1972); Blair v. District of Columbia, 200 A.2d 93, 95 (D.C. App. 1964); Bruner v. State, 581 P.2d 1314, 1316 (Okla. Crim. App. 1978); State v. Bishop, 241 S.C. 459, 461, 128 S.E.2d 914, 915 (1962). We take the position that the burden of establishing indigency for purposes of receiving a trial transcript at state expense remains at all times on the defendant.

A. Qualifications. (1) The qualifications for a defendant to have court-appointed counsel and/or a transcript at State expense in a criminal trial or on direct appeal shall be the same as set forth in Cleek v. State, 748 P.2d 39, 40 (Okla.Cr. 1987); Petition of Humphrey, 601 P.2d 103, 108 (Okla.Cr. 1979); Bruner v. State, 581 P.2d 1314, 1317 (Okla.Cr. 1978). Those guidelines include, but are not limited to: ability of the defendant to make an appeal bond, and his decision to do so; availability and convertibility of any personal and/or real property owned; outstanding debts and liabilities; past and present financial history, earning capacity and living expenses; the accused's credit standing in the community; and the number in the defendant's family and dependents and their history of willingness and ability to assist the defendant with attorney fees and litigation expenses.

I am aware this court has in the past issued guidelines on various subjects But even in those instances, the guidelines have been consistent with adjudicating an issue before this Court; or if the issue were not squarely before the court, the issue was at least indicative of a systemic, recurring problem For instance, in Bruner v. State ex rel. District Court of Oklahoma County, 581 P.2d 1314, 1315 (Okla.Cr 1978), the Court began with the issue before it: whether, when a defendant had retained counsel, he could still be provided with a trial transcript at State expense. Clearly, the issue affected the appellate jurisdiction of this Court.

The question before us is whether an accused, who is personally indigent, is entitled to transcripts at public expense when a third party has retained counsel on behalf of the accused but refuses to pay any other expenses. In Bruner v. State, 581 P.2d 1314, 1315 (Okla. Cr. 1978), we recognized that: If having retained counsel is legal justification for denying a transcript at state expense, then it would be equally justifiable to deny a court-appointed counsel on the ground that the defendant had been able to pay for the transcript.

A defendant's status as indigent can change as the case progresses, and is subject to review by the trial court. Johnson v. Brock, 843 P.2d 852, 853 (Okla. Cr. 1992), see also, Bruner v. State ex rel. District Court of Oklahoma County, 581 P.2d 1314, 1316 (Okla. Cr. 1978). IT IS THEREFORE THE ORDER OF THIS COURT that the District Court of Oklahoma County, the Honorable Daniel L. Owens, GRANT Petitioner's motion to discharge his private counsel, and allow Mr. Irven Box, to withdraw as attorney of record.

A person's status as an indigent can change as the trial progresses, and this is subject to review by the Trial Court. See Bruner v. State ex rel. District Court of Oklahoma County, 581 P.2d 1314, 1316 (Okla. Cr. 1978). However, the record before this Court does not reflect that Petitioner has followed the guidelines set forth in Bruner which would enable the Trial Court to determine whether Petitioner's indigent status has changed and if he is therefore entitled to public assistance.

We find this analysis applies as well to the denial of a preliminary hearing transcript at State expense. See Bruner v. State ex rel. District Court, Oklahoma County, 581 P.2d 1314, 1316 (Okla. Cr. 1978). Here, Appellant failed to make a specific showing that she was indigent, offering only general references to her financial condition without any factual support.

Penny v. State ex rel. Edmiston, 547 P.2d 983, 984 (Okla. Cr. 1976). In Bruner v. State ex rel. District Court of Oklahoma County, 581 P.2d 1314 (Okla. Cr. 1978), this Court set forth guidelines for the District Courts to follow in determining the necessity of ordering the preparation of a trial transcript at public expense for appeal purposes. The first step is the filing of a pauper's affidavit by the defendant.

The determination of indigency is within the discretion of the trial court. Bruner v. State ex rel. District Court of Oklahoma County, 581 P.2d 1314, 1316 (Okla. Cr. 1978). But that discretion is not unbridled.