David Carson v. State of Arkansas

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

DIVISION III

DAVID CARSON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR04-863

March 16, 2005

APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. CR-03-821]

HON. NORMAN WILKINSON,

JUDGE

REBRIEFING ORDERED

John Mauzy Pittman, Chief Judge

Appellant, David Carson, appeals from a conditional guilty plea, arguing that the search conducted in his home following a "knock and talk" investigation was invalid because he was not warned that he could refuse to permit a search. Appellant's notice of appeal does not appear in the brief, abstract, and addendum filed with this court.

Arkansas Supreme Court Rule 4-2(a)(8) requires that an appellant's brief shall contain an addendum containing, inter alia, pleadings essential to an understanding of the court's jurisdiction on appeal. The notice of appeal is such a pleading. Villines v. Harris, ___ Ark. ___, ___ S.W.3d ___ (March 3, 2005). Appellant's addendum is therefore deficient, and we direct appellant to cure the deficiency by filing a substituted abstract, addendum, and brief within fifteen days from the date of the entry of this order.

Robbins and Neal, JJ., agree.