Summary
finding appellant's addendum deficient and ordering supplementation with judgment and commitment orders related to the suspended sentences, and directing the parties to supply any omitted material by filing a certified, supplemental record
Summary of this case from Reyes v. StateOpinion
No. CACR11-332
10-26-2011
RAYMOND JOHNSON APPELLANT v. STATE OF ARKANSAS APPELLEE
APPEAL FROM THE UNION COUNTY CIRCUIT COURT, [NO. CR 2006-675-1 and 2006-821-1-1]
HONORABLE HAMILTON H. SINGLETON, JUDGE
SUPPLEMENTATION OF RECORD AND REBRIEFING ORDERED
ROBERT J. GLADWIN , Judge
Appellant Raymond Johnson's suspended sentences were revoked in Union County Circuit Court on January 18, 2011, when the trial court found that he had violated the terms and conditions of his suspended sentences. On appeal, he contends that the State failed to introduce substantial evidence that he committed a criminal offense punishable by incarceration. We order supplementation of the record and rebriefing.
Arkansas Supreme Court Rule 4—2(a)(8) (2011) requires that an appellant's brief include an addendum consisting of all documents essential to the appellate court's resolution of the issues on appeal. Because appellant has not included the judgment and commitment orders related to his suspended sentences in his addendum, we order him to correct this deficiency by filing a supplemental addendum within seven calendar days from the date of this opinion. Ark. Sup. Ct. R. 4-2(b)(4) (2011); see In re Ark. Supreme Court & Court of Appeals Rule 4-2(b), 2011 Ark. 141 (per curiam).
Further, our review of the record reveals that the judgment and commitment orders are not contained therein. The addendum shall not contain any document or material that is not in the record. Ark. Sup. Ct. R. 4-2(a)(8). However, we can sua sponte direct parties to supply any omitted material by filing a certified, supplemental record. Ark. R. App. P.-Civ. 6(e) (2011) (as made applicable to criminal cases by Ark. R. App. P. Crim. 4(a) (2011)). Thus, we direct appellant to supplement the record with the necessary judgment and commitment orders and to file a supplemental record with our clerk's office within seven calendar days.
Supplementation of record and rebriefing ordered.
VAUGHT, C.J., and MARTIN, J., agree.