Olton Ray Hawkins was convicted by a jury of statutory rape, sodomy, and aggravated child molestation. Following the denial of his pro se extraordinary motion for new trial, a habeas corpus court granted Hawkins permission to pursue an out-of-time appeal. He subsequently filed a notice of appeal, a sworn request to proceed in forma pauperis, a motion to appoint counsel, an affidavit of poverty, and a statement of account referencing the balance in his correctional institution account.1
The court denied Hawkins’ motion for appointed appellate counsel and, in its order, stated: “[T]he defendant requested that an attorney be appointed to represent him in this matter. The court recalls that this defendant was able to retain Counsel for the pre-trial and trial of this matter. The Court is not satisfied that this defendant *462meets the requirements of indigency and accordingly denies defendant’s request for an attorney.”
1. Hawkins contends that because he is indigent, the trial court erred in not appointing counsel to represent him on this direct appeal. “Defendants in criminal cases have both a federal and a state constitutional right to be represented by counsel. . . . [I]t is only indigent defendants for whom the trial court must appoint counsel. This right extends to every indigent accused who indicates his desire to appeal.” (Citations and punctuation omitted.) Mapp v. State, 199 Ga. App. 47, 48 (403 SE2d 833) (1991). “The determination of whether a defendant is indigent, and entitled to have counsel appointed to pursue an appeal, lies within the discretion of the trial court, and this determination is not subject to review.” Barrett v. State, 192 Ga. App. 705, 707 (385 SE2d 785) (1989).
Because we are precluded by Barrett from reviewing the trial court’s findings as to Hawkins’ indigence, we will not pass upon the evidence in the record with respect to indigence. However, the record and the trial court’s order denying Hawkins’ motion indicate that the court failed to employ the proper procedure in making its indigence ruling. Review of a trial court’s procedure in making decisions as to appointed appellate counsel is authorized. See Mapp v. State, supra (case remanded with direction for the trial court to hold a hearing to determine indigence and appointment of appellate counsel).
“[WJhere a defendant retains trial counsel and then claims indigence on appeal, he bears the burden of making that fact known to the trial court or some responsible state official. If the trial court has no reason to believe that the defendant is indigent and cannot afford the services of retained counsel for the purpose of appeal, it is under no duty to inquire as to the defendant’s indigency and may presume that his retained counsel will protect his appellate rights.” (Citation and punctuation omitted.) Seay v. State, 220 Ga. App. 418, 419 (469 SE2d 496) (1996).
In Seay v. State, we relied upon Hopkins v. Hopper, 234 Ga. 236 (215 SE2d 241) (1975) to determine that once a defendant claims indigence, he rebuts the presumption that his retained counsel will protect his appellate rights. Hawkins had retained counsel and then informed the trial court of his indigence on appeal, • but the trial court’s order illustrates that the basis of its denial was the court’s recollection that Hawkins had retained trial counsel. In resting upon this recollection, the trial court improperly relied upon the presumption that Hawkins’ retained counsel would protect his appellate rights. Additionally, following the reasoning of Seay, the court had a duty to conduct an inquiry as to Hawkins’ indigence. It is unclear what, if any, inquiry was made, and the record is silent as to whether the court conducted a hearing on indigence.
*463Accordingly, based upon the record and the order of the trial court relying upon its recollection of Hawkins’ retained counsel from a trial over a year and a half before, the order of the trial court is reversed, and the case is remanded for an inquiry and determination by the trial court as to Hawkins’ indigence at the present time. Any determination made should be independent of the presumption that retained counsel will protect Hawkins’ appellate rights.
2. Hawkins asserts ineffective assistance of trial counsel. In light of our holding in Division 1, it is unnecessary to address this enumeration of error.
Judgment reversed and remanded with direction.
Birdsong, P. J., concurs. Beasley, C. J, concurs specially.Because Hawkins filed his brief and enumerations of error one day late, the State filed a motion to dismiss. We invoke our discretion provided pursuant to Court of Appeals Rule 26 (a) and deny the State’s motion to dismiss, as Hawkins is pro se.