Joe Copeland v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 03-180

NOT DESIGNATED FOR PUBLICATION

JOE COPELAND

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered January 27, 2005

APPEAL FROM THE SEVIER COUNTY CIRCUIT COURT, NO. CR-98-54, HON. TED C. CAPEHEART, JUDGE

AFFIRMED

PER CURIAM

Appellant was found guilty of first-degree murder and was sentenced to life imprisonment. We affirmed. Copeland v. State, 343 Ark. 327, 37 S.W.3d 567 (2001). Appellant then filed a petition for postconviction relief pursuant to Ark. R. Cr. P. 37. By written order, the circuit court denied relief. We previously ordered rebriefing, Copeland v. State, CR 03-180 (Ark. Jan. 8, 2004)(per curiam) (unpublished), and the appeal is again before us.

Once again, appellant has failed to include a complete abstract of all relevant portions of his trial in his brief on appeal as required by Ark. Sup. Ct. R. 4-2(a)(5) (2003). See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998)(per curiam). As a result, we cannot reach the merits of appellant's claims on appeal.

Pursuant to Rule 4-2(b)(3), if an appellant fails to file a complying abstract, the judgment or order may be affirmed for noncompliance with the rule. Here, appellant has had ample opportunity to provide a sufficient abstract and has failed to do so. Accordingly, the order is affirmed for noncompliance with Rule 4-2(a)(5).

Affirmed.