concurring specially.
I fully concur in the ruling that defendant Hawkins is entitled to a determination by the trial court of whether he qualified for court-appointed counsel at the time the appeal was permitted. However, because the majority agrees with Barrett v. State, 192 Ga. App. 705 (385 SE2d 785) (1989), that a trial court’s determination of indigence vel non is nonreviewable, I depart somewhat from the opinion.
Penland v. State, 256 Ga. 641 (352 SE2d 385) (1987), is the authority for Barrett. In Penland, the Supreme Court applied OCGA § 9-15-2 (a) (2) to the issue of appointed counsel in criminal cases as well as to the issue of payment of costs for a copy of the trial transcript, although the statute on its face applies only to court costs, such as the transcript. The fee for court-appointed counsel is not a court cost but is paid by the county or state and reimbursable to the state or county by an able defendant. OCGA §§ 17-12-5 (c), 17-12-13, and 17-12-40 (a). Nevertheless, OCGA § 9-15-2 was invoked.
The statute recites that “The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.” The Supreme Court, recognizing that a criminal defendant does not have a per se right of appeal under either the Georgia constitution or the federal constitution, held that the statute did not deprive such an appellant of due process of law by establishing as unreviewable the facts found by the trial court in this regard. It also held that Penland was not deprived of equal protection either, because he did not claim treatment different from others similarly situated.
Even if OCGA § 9-15-2 relating to civil practice applies to the issue of indigence in criminal cases, reversal is not precluded, as the majority recognizes. As in Mapp v. State, 199 Ga. App. 47 (403 SE2d 833) (1991), the issue is not whether evidence supports the trial court’s finding but rather whether the trial court followed the pre*464scribed procedure.2
Decided August 9, 1996. Olton R. Hawkins, pro se. Robert B. Ellis, District Attorney, John D. Staggs, Jr., Assistant District Attorney, for appellee.In Penland, the trial court afforded a hearing on the motion, so it is apparent that the court took into account evidence relevant to the fact questions. Hawkins not only was not heard, but his evidence of indigence was ignored. Although a hearing would not ordinarily be necessary in this context, and is not required by the statute, due process requires a finding of fact based on all the relevant evidence properly submitted. Evidence of Hawkins’ financial condition which has already been presented may suffice, but the court may permit more if it so chooses. See Uniform Superior Court Rule 29.2. As stated in Mapp, supra at 48, “[t]he determination of indigency calls for the exercise of discretion based upon consideration of relevant criteria of indigency.”
Without the trial court’s determination of Hawkins’ right to counsel on appeal in his present circumstances, Hawkins’ winning of an out-of-time appeal is a hollow victory; pursuit of appeal by a pro se party is fraught with procedural danger and poses the daunting task of recognizing substantive legal errors by an eye untrained in the law. As eloquently stated in McAuliffe v. Rutledge, 231 Ga. 1, 3 (200 SE2d 100) (1973), speaking of counsel on appeal: “The right to counsel is his most vital and precious right since any other rights the accused [or convicted] may possess will remain sterile unless he has effective counsel to assert them in his behalf.”
In Mapp’s case, this Court should have reversed the trial court’s order denying his motion for appointed counsel instead of dismissing the appeal. The Court decided the sole issue on appeal and held that the order was procedurally defective.