Walter R. Robertson, II v. State of Arkansas

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NOT DESIGNATED FOR PUBLICATION ARKANSAS COURT OF APPEALS DIVISION IV No. CACR08-419 WALTER R. ROBERTSON, II APPELLANT Opinion Delivered November 12, 2008 APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, [NO. CR-2007-795] V. STATE OF ARKANSAS APPELLEE HONORABLE STEPHEN TABOR, JUDGE REBRIEFING ORDERED JOSEPHINE LINKER HART, Judge Walter R. Robertson, II, appeals from an order of the Sebastian County Circuit Court revoking his suspended sentence for Class C felony non-support. The trial court found that he had committed criminal trespass and that he “willfully failed and refused” to pay restitution in his childsupport cases. It sentenced Robertson to ten years in the Arkansas Department of Correction. On appeal, he argues that the State failed to prove by a preponderance of the evidence that he violated the terms and conditions of his suspended sentence. We note, however, that Robertson failed to include in his addendum the original disposition order in this case, the terms and conditions of his suspended sentence, and the State’s petition to revoke. We therefore order rebriefing. Because the above-referenced documents were omitted from Robertson’s addendum, his brief is not in compliance with Rule 4-2 of the Rules of the Arkansas Supreme Court and the Arkansas Court of Appeals. Rule 4-2(a)(8) requires that an appellant’s addendum shall contain all “relevant pleadings, documents, or exhibits essential to the understanding of the case.” Robertson’s addendum is thus 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. See Rule 4-2(b)(3). Rebriefing ordered. PITTMAN , C.J., and GRIFFEN , J., agree. -2- CACR08-419

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