Hooks v. State

Cite as 2013 Ark. App. 500
ARKANSAS COURT OF APPEALS
Susan Williams
2019.01.02 DIVISION III
No.CR-12-900
15:21:47 -06'00'
Opinion Delivered September 18, 2013
PAMELA HOOKS
APPELLANT APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT, FIRST
V. DIVISION
[NO. CR-2010-4212]
STATE OF ARKANSAS
APPELLEE HONORABLE LEON JOHNSON,
JUDGE
REBRIEFING ORDERED
BRANDON J. HARRISON, Judge
A Pulaski County jury found Pamela Hooks guilty of second-degree murder. Ark.
Code Ann. § 5-10-103 (Repl. 2006). She was then sentenced to 720 months’
imprisonment. Hooks argues on appeal that the circuit court erred in denying her motion
for a directed verdict because the State failed to sufficiently prove its case against her. We
cannot decide the merits of Hooks’s appeal at this point because she has failed to abstract
material parts of the trial testimony.
Arkansas Supreme Court Rule 4-2(a)(5) (2013) provides:
(5) Abstract. The appellant shall create an abstract of the material parts of all
the transcripts (stenographically reported material) in the record.
Information in a transcript is material if the information is essential for the
appellate court to confirm its jurisdiction, to understand the case, and to
decide the issues on appeal.
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Cite as 2013 Ark. App. 500
In her brief, Hooks challenges the sufficiency of the evidence to support her conviction
(on the element that she intended John Davis’s death), but her abstract omits her own trial
testimony. Hooks’s trial testimony is essential to understand the issues and decide this
case’s merits. Spears v. State, 82 Ark. App. 376, 109 S.W.3d 139 (2003). We therefore
direct Hooks to correct this deficiency by filing a substituted brief within fifteen days of
this order’s date. Ark. Sup. Ct. R. 4-2(b)(3) (2013). After service of her substituted brief,
the State may file a responsive brief in the time prescribed by the supreme court clerk, or
it may choose to rely on the appellee’s brief it previously filed. Ark. Sup. Ct. R. 4-2(b)(3).
We encourage Hooks’s counsel to review our rules and her current abstract and
addendum to ensure that no additional deficiencies are present.
Rebriefing ordered.
BROWN and WHITEAKER, JJ., agree.
James Phillips and Elizabeth Borders, Deputy Public Defenders, by: Clint Miller,
Deputy Public Defender, for appellant.
Dustin McDaniel, Att’y Gen., by: Vada Berger, Ass’t Att’y Gen., for appellee.
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