Anderson v. State
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Cite as 2009 Ark. App. 769
ARKANSAS COURT OF APPEALS
DIVISION II
CACR08-458
No.
Opinion Delivered
MICHAEL ANDERSON
APPELLANT
V.
STATE OF ARKANSAS
November 18, 2009
APPEAL FROM THE ASHLEY
COUNTY CIRCUIT COURT
[NO. CR-06-197-4B]
HONORABLE DON GLOVER,
JUDGE
APPELLEE
REBRIEFING ORDERED
JOHN MAUZY PITTMAN, Judge
Two brothers, Myron and Michael, were convicted of crimes arising out of a nightclub
shooting spree. They were tried together and the brothers’ respective attorneys filed a joint
notice of appeal. Myron’s attorney filed a brief on his client’s behalf, and we decided his
appeal in Myron Newjean Anderson v. State, CACR08-458 (Jan. 28, 2009). Michael’s attorney
failed to file a timely abstract, addendum, and brief and was ordered to do so. He has now
submitted a brief, but it is defective. One significant error is his failure to include the order
appealed from in the addendum. The judgment of conviction in the addendum is not
Michael’s but instead is his brother’s. A comparison of appellant’s abstract and addendum
with that submitted by Myron suggests strongly that appellant’s attorney may have simply
duplicated the abstract and addendum submitted by his brother’s attorney.
Cite as 2009 Ark. App. 769
We are required by Arkansas Supreme Court Rule 4-2(b)(3) to afford appellant an
opportunity to submit a conforming abstract, brief, and addendum. We therefore order
appellant, at his own expense, to submit a substituted abstract, brief, and addendum sufficient
to cure all deficiencies with fifteen days from the date of this opinion. If he fails to do so, the
judgment may be affirmed for noncompliance with the rule. See id.
Rebriefing ordered.
KINARD and BAKER, JJ., agree.
-2-
CACR08-458
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