David Carson v. State of ArkansasAnnotate this Case
ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
STATE OF ARKANSAS
March 16, 2005
APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. CR-03-821]
HON. NORMAN WILKINSON,
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.