S.C. v. State

Cite as 2015 Ark. App. 118
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-14-860
S.C. Opinion Delivered February 25, 2015
APPELLANT
APPEAL FROM THE CRAIGHEAD
V. COUNTY CIRCUIT COURT
[NO. JV-2014-217]
STATE OF ARKANSAS HONORABLE BARBARA HALSEY,
APPELLEE JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
REBRIEFING ORDERED
BART F. VIRDEN, Judge
The Craighead County Circuit Court adjudicated appellant S.C. delinquent for filing
a false report of rape. She challenges the sufficiency of the evidence convicting her. We
remand to the circuit court to settle and supplement the record and order rebriefing due to
deficiencies in S.C.’s abstract and addendum.
At trial, an audio CD of a police interview with S.C. was played in open court and
introduced into evidence as an exhibit. Unless waived on the record by the parties, it shall
be the duty of any circuit court to require that a verbatim record be made of all proceedings
pertaining to any contested matter before the court or the jury. Ark. Sup. Ct. Admin. Order
No. 4(a). When a transcript is required and is to be prepared from an audio recording, the
official court reporter of the circuit judge to which the case is assigned shall be responsible
for preparing the transcript. Ark. Sup. Ct. Admin. Order No. 4(e)(4). We remand for a
Cite as 2015 Ark. App. 118
transcript of the audio recording of the interview to be prepared and certified within thirty
days of this opinion. Ark. R. App. P.–Civ. 6(e) (2014); Dillard v. State, 2012 Ark. App. 503
(remanding to settle the record where there was no indication that a transcript of a 911
recording that was introduced into evidence was prepared at the direction of the circuit court
in lieu of a transcription of the recording actually played at trial or that the parties waived on
the record the making of an official transcription). After the record is settled, S.C. is ordered
to abstract the interview pursuant to Arkansas Supreme Court Rule 4-2(a)(5) (2014) and
include a copy of the CD in her addendum pursuant to Arkansas Supreme Court Rule 4-
2(a)(8)(A)(i). Copeland v. State, 2013 Ark. App. 6 (ordering rebriefing where video recording
of interview with police was played in open court, yet the text of the interview was not
abstracted and no copy of the disc containing the recording was included in the addendum).
S.C. failed to include the petition filed by the State alleging that she committed the
offense of filing a false report with a law-enforcement agency. The addendum shall contain
true and legible copies of the non-transcript documents in the record on appeal that are
essential for the appellate court to understand the case. Ark. R. Sup. Ct. 4-2(a)(8). Having
the State’s petition would have aided this court’s understanding of the case. See, e.g., Sims v.
State, 2015 Ark. App. 11 (ordering rebriefing where appellant failed to include two petitions
for revocation); Massey v. State, 2010 Ark. App. 683 (ordering rebriefing where appellant
failed to include an amended information).
Further, text messages sent by S.C. to the victim were introduced into evidence as an
exhibit. In its ruling, the trial court specifically referenced those text messages, noting that
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Cite as 2015 Ark. App. 118
they affected S.C.’s credibility. Although they are in the record, S.C. did not include them
in her addendum. An addendum must include documents in the record that are essential for
the appellate court to decide the issue on appeal, e.g., exhibits. Ark. Sup. Ct. R. 4-
2(a)(8)(A)(i). S.C. is ordered to include the text messages in her addendum.
The record shall be settled and supplemented within thirty days of this opinion. After
the record is settled and a supplemental record is filed with this court, S.C. will be given
fifteen days to file a substituted brief, abstract, and addendum. Ark. Sup. Ct. R. 4-2(b)(3)
(affording an appellant the opportunity to cure any deficiencies). The State may revise or
supplement its brief within fifteen days of the filing of S.C.’s substituted brief or may rely on
its previously filed brief. Ark. Sup. Ct. R. 4-2(b)(3). We encourage counsel to review our
rules and ensure that no further deficiencies, beyond those identified here, exist.
Remanded to settle and supplement the record; rebriefing ordered.
GRUBER and GLOVER , JJ., agree.
Terry Goodwin Jones, for appellant.
Dustin McDaniel, Att’y Gen., by: LeaAnn J. Adams, Ass’t Att’y Gen., for appellee.
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