Opinion
CA CR 09-669
Opinion Delivered January 6, 2010
Appeal from the Phillips County Circuit Court, [No. CR-2006-33], Honorable L.T. Simes, II, Judge, Rebriefing Ordered.
Appellant, Courtney Craig, appeals from a judgment and commitment order filed February 6, 2009, showing that the circuit court revoked appellant's probation and sentenced him to twenty years' imprisonment in the Arkansas Department of Correction. On appeal, he argues that there was not sufficient evidence to support the court's decision to revoke.
Appellant's addendum, however, fails to include either the judgment and disposition order filed March 21, 2006, placing him on probation, or the conditions of his probation filed February 27, 2006, both of which are essential to an understanding of the case. An appellant's addendum must include relevant documents essential to an understanding of the case and the court's jurisdiction on appeal. Ark. Sup. Ct. R. 4-2(a)(8). In Bryan v. City of Cotter, 2009 Ark. 172, ___ S.W.3d ___, the supreme court articulated an objective, bright-line rule requiring an appellant to submit a substituted brief when an addendum does not contain materials that are essential to an understanding of the circuit court's decision. As our rule provides, appellant is afforded an opportunity to submit, within fifteen days from the date of this opinion, a substituted brief with an addendum that includes these two documents. Ark. Sup. Ct. R. 4-2(b)(3). If appellant fails to do so, the judgment may be affirmed for noncompliance with the rule. Id.
Rebriefing ordered.
PITTMAN and GLADWIN, JJ., agree.