Opinion
CR 01-351
Opinion Delivered October 11, 2001
1. Appeal error — motion to substitute transcript — granted conditioned on attorney certification of record. — Where appellants moved that a copy of the transcript be substituted for the original because the original record and exhibits could not be located, the supreme court granted the motion, conditioned upon the reconstruction of the record by all attorneys of record and their certification by affidavit that the record is full, accurate, and complete.
Motion to Substitute Transcript; granted conditioned on Attorney Certification of the Record.
Bill Lewellen, for appellant.
No response.
The appellants, Terrance and Tamagum Antonio Robinson, advise this court that the original record and exhibits cannot be located. They move this court to permit a copy of the trial transcript to be substituted for the original.
[1] Because this is a criminal case, we direct the Supreme Court Clerk to accept the substituted copy of the trial transcript as of the time when all of the attorneys of record certify to the Clerk, by affidavit, that the copy of the trial transcript is true, accurate, and complete. Cf. Mitchell v. State, 345 Ark. 359, 45 S.W.3d 846 (2001) ( per curiam). We further direct that all attorneys of record reconstruct the record, including trial exhibits if necessary in accordance with our Appellate Rules, and certify in the same affidavit that the record is full, accurate, and complete. See Ark. R. App. P. — Civ. 6(d); Ark. R. App. P. — Crim. 4(a). Should all of the attorneys of record not make this certification by affidavit, the substituted record will not be accepted.