Holland v. State

CourtListener 4315570Arkctapp26 ott 2016

Testo completo

Cite as 2016 Ark. App. 492

ARKANSAS COURT OF APPEALS
DIVISION III
No.CR-16-175

Opinion Delivered: October 26, 2016
WESLEY GENE HOLLAND
APPELLANT
APPEAL FROM THE CLEVELAND
COUNTY CIRCUIT COURT
V. [NO. 13CR-2014-48-5]

STATE OF ARKANSAS HONORABLE DAVID W. TALLEY,
APPELLEE JR., JUDGE
SUPPLEMENTAL
ADDENDUM ORDERED

RAYMOND R. ABRAMSON, Judge

Wesley Gene Holland appeals his convictions of second-degree sexual assault and

residential burglary. On appeal, Holland argues that the circuit court erred in denying his

directed-verdict motions. We cannot address the merits of Holland’s appeal because

Holland’s addendum fails to comply with Arkansas Supreme Court Rule 4-2 (2015).

Arkansas Supreme Court Rule 4-2(a)(8) requires an appellant’s brief to include an

addendum consisting of all documents essential to this court’s resolution of the issues on

appeal, including exhibits such as CDs and DVDs. Holland’s addendum does not comply

with this rule. At trial, the State introduced and played audio recordings of two different

interviews between Holland and the police. Holland, however, failed to include copies of

the audio recordings in his addendum as required by our rules. Because Holland’s addendum

is inadequate, we order him to file a supplemental addendum within seven days of this
Cite as 2016 Ark. App. 492

opinion. See Ark. Sup. Ct. R. 4-2(b)(3). We encourage counsel to review our rules, as well

as the record and addendum, to ensure that no other deficiencies are present.

Supplemental addendum ordered.

GLADWIN, C.J., and WHITEAKER, J., agree.

N. Mark Klappenbach, for appellant.

Leslie Rutledge, Att’y Gen., by: Kathryn Henry, Ass’t Att’y Gen., for appellee.

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