Sims v. State ( 2015 )


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  •                                  Cite as 
    2015 Ark. App. 11
    ARKANSAS COURT OF APPEALS
    DIVISION III
    No. CR-14-466
    MARCUS MARTEZ SIMS                                Opinion Delivered   JANUARY 14, 2015
    APPELLANT
    APPEAL FROM THE CRITTENDEN
    V.                                                COUNTY CIRCUIT COURT
    [NO. CR-2010-1218]
    STATE OF ARKANSAS                                 HONORABLE RALPH WILSON, JR.,
    APPELLEE         JUDGE
    REBRIEFING ORDERED; MOTION
    TO WITHDRAW DENIED
    DAVID M. GLOVER, Judge
    In October 2010, appellant Marcus Sims entered a negotiated plea of guilty to one
    count of sale or delivery of a controlled substance (cocaine). He was sentenced to five years’
    incarceration, to be followed by a ten-year suspended imposition of sentence. In April 2013,
    the State filed a petition to revoke Sims’s suspended sentence and filed an amended petition
    later that month. The State filed a second amended petition for revocation in February 2014.
    After a revocation hearing on February 14, 2014, the trial court revoked Sims’s suspended
    sentence on the bases that he had paid nothing toward his fine and costs and that he sold crack
    cocaine to a confidential informant on two separate occasions. Sims was sentenced to twelve
    years’ incarceration, to be followed by an eight-year suspended imposition of sentence.
    Pursuant to Anders v. California, 
    386 U.S. 738
    (1967), and Rule 4-3(k) of the Arkansas
    Rules of the Supreme Court and Court of Appeals, appellant’s counsel has filed a motion to
    Cite as 
    2015 Ark. App. 11
    withdraw on the grounds that the appeal is without merit.               Counsel’s motion was
    accompanied by a brief referring to everything in the record that might arguably support an
    appeal, including a list of all rulings adverse to appellant made by the trial court on all
    objections, motions and requests made by either party with an explanation as to why each
    adverse ruling is not a meritorious ground for reversal. The clerk of this court furnished
    appellant with a copy of his counsel’s brief and notified him of his right to file pro se points.
    Sims has filed no points. For the reasons discussed below, we deny counsel’s motion to
    withdraw and order rebriefing.
    We must order rebriefing because the two amended petitions for revocation are not
    contained in the addendum. Additionally, the conditions of Sims’s probation are not
    contained in the addendum. Arkansas Supreme Court Rule 4-2(a)(8)(A) (2014) requires that
    the addendum contain all relevant pleadings, orders, documents, and exhibits in the record
    that are essential to an understanding of the case. In Snyder v. State, 
    2010 Ark. App. 817
    , this
    court ordered rebriefing because the revocation petitions were not in the addendum,
    explaining that the petitions were essential to the understanding of the case because an order
    could not be reviewed for error when the addendum did not contain the documents on
    which the order was based. Here, the second amended petition contained one of the bases
    on which the trial court revoked Sims’s suspended sentence—two sales of crack cocaine to
    the confidential informant. Furthermore, in Green v. State, 
    2009 Ark. App. 519
    , 
    334 S.W.3d 418
    , this court ordered rebriefing when the terms and conditions of probation were not
    included in the addendum, explaining that the terms and conditions were essential to our
    2
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    2015 Ark. App. 11
    appellate review in determining whether those conditions had been violated. In the present
    case, the terms and conditions of Sims’s suspended sentence, while in the record, are not
    contained in the addendum.
    Rebriefing ordered; motion to withdraw denied.
    GRUBER and HIXSON, JJ., agree.
    S. Butler Bernard, Sr., for appellant.
    No response.
    3
    

Document Info

Docket Number: CR-14-466

Judges: David M. Glover

Filed Date: 1/14/2015

Precedential Status: Precedential

Modified Date: 1/18/2017