Opinion
CA CR 10-36
Opinion Delivered January 19, 2011
Appeal from the Union County Circuit Court, [CR-08-373-4], Honorable Harvey Lee Yates, Judge, Rebriefing Ordered.
A Union County jury convicted Andrew Lovett of second-degree murder, felon in possession of a firearm, and a firearm enhancement, and sentenced him to consecutive sentences totaling sixty-eight years in prison. He brings two points on appeal: first, the trial court erred by allowing the State to question him about a prior manslaughter conviction; and, second, the trial court erred by allowing admission of a photograph of the victim. Because appellant's addendum is not in compliance with Arkansas Supreme Court Rule 4-2(a)(8)(A), we do not consider the appeal at this time and order rebriefing.
Rule 4-2(a)(8)(A) requires the addendum to contain the order "from which the appeal is taken." Here, the addendum contains only a portion of the First Amended Judgment and Commitment Order. We also note that the record in this case contains a Second Amended Judgment and Commitment Order, none of which is included in the addendum. We are compelled by the Arkansas Supreme Court's requirement to order rebriefing when key documents are missing from the addendum. See Fowler v. State, 2010 Ark. App. 811.
We order appellant to cure the deficiency by filing a substituted brief, abstract, and addendum within fifteen days from the date of this opinion. Ark. Sup. Ct. R. 4-2(b)(3). We encourage appellate counsel to review Rules 4-2 and 4-3 to ensure that the substituted brief complies with the rules and that no additional deficiencies are present. In the event appellant fails to file a complying brief within the requisite time period, the judgment may be affirmed for noncompliance with the rule. Id.
Rebriefing ordered.
ROBBINS and BROWN, JJ., agree.