Snider v. State

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NOT DESIGNATED FOR PUBLICATION ARKANSAS COURT OF APPEALS DIVISION III No. CACR08-507 WILLIAM EDWARD SNIDER APPELLANT Opinion Delivered January 28, 2009 V. APPEAL FROM THE COLUMBIA COUNTY CIRCUIT COURT, [NO. CR 2007-1] STATE OF ARKANSAS HONORABLE LARRY CHANDLER, JUDGE APPELLEE RE-BRIEFING ORDERED JOSEPHINE LINKER HART, Judge A Columbia County jury convicted William Edward Snider of residential burglary, committing a terroristic act, and two counts of aggravated assault. For these crimes, Snider received consecutive sentences totaling 384 months in the Arkansas Department of Correction and a fine of $20,000. On appeal, Snider argues that the trial court erred in admitting into evidence a tape of three 911 calls that one of the victims, Jana Blackwell, made near the time of his alleged crimes and a video tape of Blackwell’s statement made to police shortly after they responded to the 911 call. Snider, however, has failed to abstract or include in his addendum the tape of the 911 calls and videotaped statement. We therefore order re-briefing. Because the above-referenced material was omitted from Snider’s abstract and addendum, his brief does not comply with Rule 4-2 of the Rules of the Arkansas Supreme Court and the Arkansas Court of Appeals. Rule 4-2(a)(5) requires that an appellant place in his abstract all material parts of the trial that are necessary for “an understanding of all questions presented to the Court for decision,” and Rule 4-2(a)(8) requires that an appellant’s addendum contain all “relevant pleadings, documents, or exhibits essential to the understanding of the case.” The 911 tape and the video tape must either be copied and placed in the addendum or abstracted. See Hodge v. State, 329 Ark. 57, 945 S.W.2d 384 (1997). 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). Re-briefing ordered. PITTMAN and BROWN , JJ., agree. -2- CACR08-507

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