Michael Glenn Pickens v. State of Arkansas

ARKANSAS SUPREME COURT

No. CR 03-695

NOT DESIGNATED FOR PUBLICATION

MICHAEL GLENN PICKENS

Appellant

v.

STATE OF ARKANSAS

Appellee

Opinion Delivered November 3, 2005

APPEAL FROM THE CIRCUIT COURT OF HOT SPRING COUNTY, CR 2001-10-2, HON. PHILLIP H. SHIRRON, JUDGE

AFFIRMED

PER CURIAM

Michael Glenn Pickens was convicted by a jury of rape and sentenced to life imprisonment in the Arkansas Department of Correction. This court affirmed on appeal. Pickens v. State, 347 Ark. 904, 69 S.W.3d 10 (2002). Pickens filed a timely petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, which was denied. Pickens has lodged an appeal of that order in this court.

In an unpublished opinion, we previously ordered appellant Pickens to file a new brief, finding that the brief filed failed to include a sufficient abstract of his trial as required by Ark. Sup. Ct. R. 4-2(a)(5). Pickens v. State, CR 03-695 (Ark. March 24, 2005) (per curiam). Appellant has now filed a brief that contains only an abstract and addendum, with none of the other required contents. Mere modifications of the original brief are not accepted. Campbell v. State, 349 Ark. 111, 76 S.W.3d 271 (2002) (per curiam). Appellant has attempted to provide modification of the original brief by filing a supplement to it. Appellant has not provided a substituted brief as required in our order. We therefore affirm for failure to file a complying brief within the prescribed time in accordance with Ark. Sup. Ct. R. 4-2(b)(3).

Affirmed.