Pledger v. State

Cite as 2015 Ark. App. 14
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-14-509
Opinion Delivered January 14, 2015
FRANK BEMIS PLEDGER
APPELLANT APPEAL FROM THE MILLER
COUNTY CIRCUIT COURT
[NO. 46CR-13-184]
V.
HONORABLE KIRK DOUGLAS
JOHNSON, JUDGE
STATE OF ARKANSAS
APPELLEE REBRIEFING ORDERED; MOTION
TO WITHDRAW DENIED
PHILLIP T. WHITEAKER, Judge
Appellant Frank Pledger was convicted by a Miller County jury of residential burglary
and was sentenced as a habitual offender to forty years in the Arkansas Department of
Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(k) of the
Rules of the Arkansas Supreme Court and Court of Appeals, Pledger’s attorney has filed a
motion to withdraw as counsel on the ground that the appeal is wholly without merit. The
motion is accompanied by an abstract, brief, and addendum purporting to list all adverse
rulings and to explain why each adverse ruling is not a meritorious ground for reversal.
However, we must deny counsel’s motion to withdraw because counsel has failed to abstract
and address all rulings adverse to Pledger and has failed to submit an addendum that complies
with the requirements of the Rules of the Arkansas Supreme Court and Court of Appeals.
Cite as 2015 Ark. App. 14
First, we note that our review of the record revealed that the trial court sustained the
State’s objection to a statement made by defense counsel during closing argument. Counsel
failed to abstract or address this adverse ruling. Under Rule 4-3(k)(1), before this court may
grant counsel’s motion to withdraw, he must abstract and adequately explain why each
adverse ruling is not a meritorious ground for reversal in his brief, and a failure to do so
requires us to order rebriefing. Sartin v. State, 2010 Ark. 16, 362 S.W.3d 877; Gregory v. State,
2011 Ark. App. 406.
Second, the abstract we have been provided reflects that a CD containing a portion of
the police interview with Pledger was played in open court; yet there is no copy of the CD
in the addendum as required by our rules. Arkansas Supreme Court Rule 4-2(a)(8) requires
that an appellant’s brief 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.
Pursuant to Rule 4-2(b)(3), we afford Pledger’s counsel an opportunity to cure these
deficiencies. Counsel is directed to file a substituted abstract, brief, and addendum within
fifteen days from the date of this opinion. Before doing so, we strongly encourage counsel
to carefully review the rules to ensure that no other deficiencies exist.
Rebriefing ordered; motion to withdraw denied.
GLADWIN, C.J., and HIXSON, J., agree.
Phillip A. McGough, P.A., by: Phillip A. McGough, for appellant.
Dustin McDaniel, Att’y Gen., by: Nicana C. Sherman, Ass’t Att’y Gen., for appellee.
2
Cite as 2015 Ark. App. 14
3