Opinion
CA CR 09-172
Opinion Delivered September 30, 2009
Appeal from the Arkansas County Circuit Court, [NO. CR-08-25, CR-08-26], Honorable David G. Henry, Judge, Rebriefing Ordered.
C. Scott Mannis appeals "from the Order" entered against him on the "7th day of November 2008" by the Arkansas County Circuit Court. However, the caption of his notice of appeal references two separate cases — "NO. CR-08-25 and CR-08-26." Indeed, these two cases, each charging Mannis with harassment, were heard together. And, the sentences — ten days in jail and a $355 fine — were ordered to run concurrently. Further, on appeal Mannis provides reasoned argument that the evidence was insufficient to support either of his harassment convictions because he lacked the requisite intent to harass the victim. We note, however, that Mannis's addendum includes the trial court's order in CR08-25 from which his appeal is taken.
Because the order in CR08-26 is omitted from Mannis's addendum, his brief is not in compliance with Rule 4-2 of the Rules of the Arkansas Supreme Court and the Arkansas Court of Appeals. Rule 4-2(a)(8) requires that an appellant's addendum shall contain all "relevant pleadings, documents, or exhibits essential to the understanding of the case." Mannis's addendum is thus deficient, and we direct him to cure the deficiency by filing a substituted abstract, addendum, and brief within fifteen days from the date of the entry of this order. Rule 4-2(b)(3).
Rebriefing ordered.
HART and GRUBER, JJ., agree.