McKenzie v. State
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Cite as 2009 Ark. App. 485 (unpublished)
ARKANSAS COURT OF APPEALS
DIVISION I
No.
CACR08-1447
BLAKE DOWELL MCKENZIE,
APPELLANT
Opinion Delivered17
JUNE 2009
APPEAL FROM THE CARROLL
COUNTY CIRCUIT COURT,
[NO. CR-08-21-WD]
V.
STATE OF ARKANSAS,
APPELLEE
THE HONORABLE ALAN D. EPLEY,
JUDGE
SUPPLEMENTAL RECORD and
REBRIEFING ORDERED
D.P. MARSHALL JR., Judge
The circuit court dismissed Blake McKenzie’s appeal from district court in this
criminal case for want of jurisdiction. We order a supplemental record and rebriefing.
In his notice of appeal, McKenzie designated “the entire record, including but
not limited to all pleadings, proceedings, exhibits, evidence and documents
introduced or offered into evidence for CR08-21 WD.” McKenzie’s case, however,
was first assigned a different case number—CR08-13 WD—in circuit court. The
circuit clerk included one order, but no other document, from CR08-13 WD in the
record filed with this court. We order McKenzie to correct this omission by securing
and filing a supplemental record containing a certified copy of the entire circuit court
file in CR08-13 WD. Ark. R. App. P.–Civil 6(e). McKenzie should file this
supplemental record within fifteen days.
We also order rebriefing. This court needs every available document to
untangle the jurisdictional issue presented on appeal. And all those documents need
to be in McKenzie’s addendum. McKenzie’s current addendum is incomplete, and
of course more documents will be available for inclusion once the supplemental
record is filed. McKenzie shall therefore file a new brief with a complete addendum
within fifteen days of filing the supplemental record. Ark. Sup. Ct. R. 4-2(b)(3). The
State shall have fifteen days thereafter to file a new appellee’s brief.
PITTMAN and HENRY, JJ., agree.
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