Opinion
CACR04-622
Opinion Delivered January 11, 2006
Appeal from the Drew County Circuit Court, [No. CR2003-83-3], Hon. Robert B. Gibson, Jr., Judge, Supplementation of Record and Rebriefing Ordered.
The appellant was tried by a jury and convicted of aggravated robbery, theft of property, and being a felon in possession of a firearm, for which he was sentenced to forty-five years' imprisonment. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's attorney has filed a motion to withdraw as counsel on the ground that the appeal is wholly without merit. The motion is accompanied by an abstract, brief, and addendum that purports to refer to everything in the record that might arguably support the appeal and a statement of reasons why none of those rulings would be a meritorious ground for reversal.
The clerk of this court furnished appellant with a copy of his counsel's brief and notified him of his right to file a pro se statement of points within thirty days. Appellant has filed such a statement. Because our review has disclosed that portions of the record have been omitted, we do not reach the merits of the motion to be relieved at this time, but instead direct appellant's counsel to supplement the record.
Appellant's notice of appeal designated "the entire record, excluding voir dire, for purposes of" this appeal. (Emphasis added.) The partial record before us indicates that voir dire was in fact conducted, but was omitted from the record by the court reporter per appellant's designation. We are not able to determine whether there has been compliance with Anders unless we are provided with a complete record on appeal. See generally Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001).
We note that the motion to withdraw is deficient in other respects as well. For example, appellant's attorney has neither abstracted nor discussed negative rulings involving a hearsay objection to the testimony of a police officer or a different objection to the form of a question. Nor has appellant's attorney abstracted the sentencing hearing or his request that appellant's sentences be concurrent, or discussed the trial court's denial of that request.
Consequently, we direct appellant's counsel to supplement the record on appeal to include the portions of the record originally omitted, and to file a substituted brief that contains an abstract and discussion of all of the objections decided adversely to appellant contained in the record, including any adverse rulings that may be contained in those parts of the record that are not yet before us.
Supplementation of record and rebriefing ordered.
GRIFFEN and CRABTREE, JJ., agree.