Thompson v. State
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NOT DESIGNATED FOR PUBLICATION
ARKANSAS COURT OF APPEALS
DIVISION III
No. CACR08-1064
TYRONE D. THOMPSON
Opinion Delivered
May 13, 2009
APPELLANT
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
[NO. CR-06-1220, CR-06-1221, CR07-729]
V.
STATE OF ARKANSAS
APPELLEE
HONORABLE JAMES O. COX,
JUDGE
REBRIEFING ORDERED
JOSEPHINE LINKER HART, Judge
Tyrone D. Thompson appeals from an order of the Sebastian County Circuit Court
revoking his suspended sentences for second-degree forgery, third-degree domestic battery,
second offense, and Class D felony non-support. The trial court granted the State’ s
petition to revoke based on Thompson’ s failure to pay child support following his June
6, 2007 guilty plea in the felony non-support case. It sentenced Thompson to two years
in the Arkansas Department of Correction followed by an additional eight-year suspended
imposition of sentence.
On appeal, Thompson argues that the State failed to prove by a preponderance of
the evidence that he willfully and inexcusably failed to pay the full amount of child support
and restitution. We note, however, that Thompson failed to include in his addendum the
original disposition order in this case, the terms and conditions of his suspended sentence,
and the payment ledger that was introduced into evidence. We therefore order rebriefing.
Because the above-referenced documents were omitted from Thompson’ s
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)(8) requires that an appellant’ s
addendum contain all “ relevant pleadings, documents, or exhibits essential to the
understanding of the case. ” These documents are essential to our understanding of the
case, as without them we do not know whether the court had jurisdiction, whether he was
subject to the conditions that he was revoked upon, and whether there was a preponderance
of the evidence to support the revocation. Thompson’ 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. Ark. S. Ct. R. 4-2(b)(3).
Rebriefing ordered.
G LADWIN and KINARD, JJ. , agree.
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CACR08-1064
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