Johnifer Rolston v. State of Arkansas

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ar04-588

ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION

 

DIVISION I

JOHNIFER ROLSTON

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR04-588

March 9, 2005

APPEAL FROM THE CHICOT COUNTY CIRCUIT COURT

[CR-01-82-4]

HON. DON EDWARD GLOVER, CIRCUIT JUDGE

REBRIEFING ORDERED

Larry D. Vaught, Judge

On appeal Johnifer Rolston argues that his constitutional right to due process was violated during his probation revocation hearing because he was not permitted to confront and cross examine two State witnesses. We order rebriefing due to deficiencies in his addendum.

Rolston's addendum does not include the notice of appeal. Failure to include the notice of appeal violates Rule 4-2(a)(8) of the Rules of the Supreme Court and Court of Appeals. Villines v. Harris, __ Ark. __, __ S.W.3d __ (March 3, 2005). The fact that the notice of appeal is in the record is insufficient because the record on appeal is limited to what is included in the briefs and the abstract, and the burden is on the appellant to provide an abstract and addendum that complies with Rule 4-2. See Anderson v. Holliday, 65 Ark. App. 165, 986 S.W.2d 116 (1999).

Rolston has fifteen days from the date of this opinion to file a substituted brief with an addendum that includes the notice of appeal. See Ark. Sup. Ct. R. 4-2(b)(3) (2004). If Rolston fails to file a complying brief within that time, his revocation may be summarily affirmed for noncompliance with the court rules. See id.

Rebriefing ordered.

Pittman, C.J., and Gladwin, J., agree.