Court of Appeals

Decision Information

Decision Content

Cite as 2012 Ark. App. 416 ARKANSAS COURT OF APPEALS DIVISION IV No. CACR11-704 Opinion Delivered June 27, 2012 APPEAL FROM THE CRITTENDEN WESLEY WILSON COUNTY CIRCUIT COURT APPELLANT [NO. CR-2001-599] V. HONORABLE RANDY F. PHILHOURS, JUDGE STATE OF ARKANSAS REBRIEFING ORDERED; MOTION APPELLEE DENIED ROBIN F. WYNNE, Judge Wesley Wilson appeals from the revocation of his suspended sentence. Pursuant to Arkansas Supreme Court Rule 4-3(k) and Anders v. California, 386 U.S. 738 (1967), Mr. Wilsons counsel has filed a motion to withdraw that is accompanied by a no-merit brief in which he states that there are no meritorious issues for appeal. Due to deficiencies in the brief, we order rebriefing and deny counsels motion to withdraw. The addendum to an appellants brief shall contain legible copies of the non-transcript documents in the record on appeal that are essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal. Ark. Sup. Ct. R. 4-2(a)(8) (2011). In appellants brief, his counsel asserts that he pled guilty to a petition to revoke probation in 2001, which resulted in a sentence of ten years imprisonment followed by ten years suspended imposition of sentence. The brief further states that in 2010, the State
Cite as 2012 Ark. App. 416 filed a petition to revoke appellants suspended imposition of sentence in which it alleged that appellant violated certain conditions of his suspended sentence. Appellants addendum does not include the 2001 judgment and commitment order in which appellant received his suspended sentence, nor does it include a copy of the conditions of appellants suspended imposition of sentence. Both of these documents must be included in the addendum under Rule 4-2(a)(8). Counsel is hereby ordered to submit a complying brief within fifteen days from the date of this opinion. Our clerks office will forward a copy of the brief to appellant so that he may have an opportunity to file pro se points for reversal. If appellant files pro se points for reversal, the State may elect to file a brief in response. Rebriefing ordered; motion denied. GLOVER and BROWN, JJ., agree. C. Brian Williams, for appellant. Dustin McDaniel, Atty Gen., by: Nicana C. Sherman, Asst Atty Gen., for appellee. 2
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.