Stutte v. State , 2013 Ark. App. 514 ( 2013 )

Susan
Williams
Cite as 2013 Ark. App. 514
2019.01.
02 ARKANSAS COURT OF APPEALS
15:37:29
DIVISION IV
-06'00' No. CR-12-1027
Opinion Delivered SEPTEMBER 18, 2013
CHARLES L. STUTTE APPEAL FROM THE WASHINGTON
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-12-765-1]
V.
HONORABLE WILLIAM A. STOREY,
JUDGE
STATE OF ARKANSAS
APPELLEE SUPPLEMENTAL ADDENDUM
ORDERED
KENNETH S. HIXSON, Judge
Appellant Charles Stutte was convicted of driving while intoxicated, first offense, and
resisting arrest following a bench trial in Washington County Circuit Court. Appellant argues
on appeal that both convictions should be reversed because the charges resulted from an illegal
stop and because there is insufficient evidence to support either conviction. We cannot
address the merits at this time because appellant failed to comply with the Arkansas Supreme
Court’s rules governing the contents of the abstract and addendum. Specifically, appellant
must submit a supplemental addendum that includes the dash-board video recording of the
pursuit and stop by the officer.
An appellant must include in the addendum those exhibits that are essential for our
court to understand the case, including computer disks and DVDs, if applicable. Ark. Sup.
Ct. R. 4-2(a)(8)(A)(i). Here, the video recording of the officer’s pursuit and stop of appellant
Cite as 2013 Ark. App. 514
was made part of the record and was essential in the trial court’s consideration of his argument
regarding an alleged illegal stop. In our de novo review of suppression issues, we necessarily
would need to review the entirety of the evidence before the trial court, which would include
the DVD of this recording. We will permit appellant seven calendar days to supplement his
addendum to provide the video exhibit to the members of our court. Ark. Sup. Ct. R. 4-
2(b)(4) (2012); see also Powell v. State, 2013 Ark. App. 149; Lewis v. State, 2012 Ark. App. 540.
Supplemental addendum ordered.
GRUBER and WOOD, JJ., agree.
Taylor Law Partners, LLP, by: William B. Putman, for appellants.
Dustin McDaniel, Att’y Gen., by: Laura Shue, Ass’t Att’y Gen., for appellee.
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