LARON HAYES, JR. v. STATE OF ARKANSAS ( 2020 )


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  •                                    Cite as 
    2020 Ark. 269
                      SUPREME COURT OF ARKANSAS
    No.   CR-19-643
    Opinion Delivered:   September 10, 2020
    LARON HAYES, JR.
    APPELLANT APPEAL FROM THE BRADLEY
    COUNTY CIRCUIT COURT
    [NO. 06-CR-17-71]
    V.
    HONORABLE SAM POPE, JUDGE
    STATE OF ARKANSAS
    SUPPLEMENTAL RECORD ORDERED.
    APPELLEE
    PER CURIAM
    On April 25, 2019, Appellant Laron Hayes, Jr., was convicted by a Bradley County
    Circuit Court jury of first-degree murder, two counts of aggravated assault, and first-degree
    terroristic threatening. Hayes was sentenced to life imprisonment plus fifteen years’
    imprisonment for a firearm enhancement pursuant to Ark. Code Ann. § 16-90-120.
    Additionally, he received six years’ imprisonment for his first count of aggravated assault,
    six years’ imprisonment for his second count of aggravated assault, and six years’
    imprisonment for first-degree terroristic threatening. Hayes’s sentences are to be served
    consecutively. On appeal, Hayes challenges the sufficiency of the evidence as to each
    conviction.
    On August 15, 2019, the record was electronically filed per our pilot program. See In
    re Acceptance of Records on Appeal in Elec. Format, 
    2019 Ark. 213
    (per curiam). While we do
    have a verbatim record of the in-court audio played for the jury from State’s exhibit 2 and
    State’s exhibit 40, the record is missing the CDs containing the audio and video files.
    State’s exhibit 2 is a recording of a partial telephone conversation between Hayes and
    James Pope. The substance of this telephone conversation serves as the basis for his first-
    degree terroristic-threatening conviction. State’s exhibit 40 is a video of Hayes’s interview
    conducted by Arkansas State Police special agent David Tumey the day after the shooting.
    During this interview, Hayes describes the events surrounding the shooting death of Colby
    Rice.
    In re Acceptance of Records on Appeal in Elec. Format, 
    2019 Ark. 213
    provides:
    Exhibits to transcripts, other than physical evidence, shall be scanned when
    possible and included in the court reporter’s portion of the record. Any
    documentary exhibits that cannot be scanned shall be provided to the appellant or
    appellant’s counsel for conventional filing, and the electronic record shall identify
    any exhibits that are not included in the electronic record.
    Id. at 3
    (emphasis added). Here, the record states that State’s exhibit 2 and exhibit 40 were
    not scanned but were retained by the court reporter. Thus, the CDs “shall be provided to
    the appellant or appellant’s counsel for conventional filing.” Accordingly, we order Hayes
    to file a supplemental record containing the missing CDs within seven days from the date
    of this opinion. We encourage counsel to review our rules to ensure that no other
    deficiencies are present.
    Supplemental record ordered.
    2
    

Document Info

Docket Number: CR-19-643

Judges: Per Curiam

Filed Date: 9/10/2020

Precedential Status: Precedential

Modified Date: 9/12/2020