Wilson v. State

Full title: WESLEY WILSON APPELLANT v. STATE OF ARKANSAS APPELLEE

Court: ARKANSAS COURT OF APPEALS DIVISION IV

Date published: Jun 27, 2012

2012 Ark. App. 416 (Ark. Ct. App. 2012)

Opinion

No. CACR11-704

06-27-2012

WESLEY WILSON APPELLANT v. STATE OF ARKANSAS APPELLEE

ROBIN F. WYNNE

APPEAL FROM THE CRITTENDEN

COUNTY CIRCUIT COURT

[NO. CR-2001-599]

HONORABLE RANDY F. PHILHOURS, JUDGE

REBRIEFING ORDERED; MOTION 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. Wilson's 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 counsel's motion to withdraw.

The addendum to an appellant's 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 appellant's 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 filed a petition to revoke appellant's suspended imposition of sentence in which it alleged that appellant violated certain conditions of his suspended sentence.

Appellant's 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 appellant's 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 clerk's 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.