Willie Banks, Jr. v. State of Arkansas

ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 23, 2004

WILLIE BANKS, JR.

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-160

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, CR 98-2361, HONORABLE MARION A. HUMPHREY, JUDGE

AFFIRMED; MOTION TO SUPPLEMENT APPEAL BRIEF DENIED

Per Curiam

Appellant was convicted of rape and sentenced to forty years' imprisonment. The Arkansas Court of Appeals affirmed. Banks v. State, CACR 00-805 (Ark. App. Dec. 5, 2001)(unpublished). Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, and the circuit court denied relief. On appeal, we ordered that appellant had fifteen days to rebrief his case for failure to abstract his trial. Banks v. State, CR 03-160 (Ark. Feb. 26, 2004)(unpublished). We cannot reach the merits of appellant's claims on appeal. According to Rule 4-2(b)(3), if an appellant fails to file a complying abstract, Addendum and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the Rule. Here, appellant failed to timely file his substituted brief, and moreover, the untimely substituted brief still lacked an abstract of appellant's trial. Appellant has since filed a motion to supplement his brief, but it is unlikely that the "one page abstract" he wishes to add to his substituted brief will meet the requirements of Rule 4-2(b)(3). Accordingly, we affirm for noncompliance with Rule 4-2(a)(5).

Affirmed.