Sanders v. State
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Cite as 2010 Ark. App. 522
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CACR09-822
Opinion Delivered
ANTHONY SANDERS
APPELLANT
V.
STATE OF ARKANSAS
JUNE 23, 2010
APPEAL FROM THE CRITTENDEN COUNTY
CIRCUIT COURT
[NO. CR-2006-288]
HONORABLE RANDY FRANKLIN
PHILHOURS, JUDGE
APPELLEE
REMANDED TO SUPPLEMENT RECORD;
REBRIEFING ORDERED; MOTION DENIED
M. MICHAEL KINARD, Judge
Anthony Sanders appeals from the revocation of his probation. Appellant’s attorney
has filed a no-merit brief and motion to be relieved as counsel. Because the record does not
appear to contain any of the testimony from the actual revocation hearing, we remand to
supplement the record, order rebriefing, and deny the motion to be relieved as counsel.
In 2006, appellant pled guilty to a charge of possession of a controlled substance
(cocaine) with intent to deliver. Appellant was placed on probation for a period of sixty
months. On February 18, 2008, the State filed a petition to revoke appellant’s probation. In
the petition, the State alleged that appellant 1) failed to pay fines, costs, and fees; 2) failed to
report to his probation officer; 3) failed to pay probation fees; 4) failed to notify the local
sheriff of his current address and employment; and 5) possessed and used cocaine.
Cite as 2010 Ark. App. 522
From the record before us, it appears that the trial court determined that appellant
violated the terms of his probation during a hearing held on October 29, 2008. Appellant’s
sentencing was continued until April 9, 2009. The record does not contain the transcript
from the October 29, 2008 hearing. All that is contained in the record is the transcript from
the apparent sentencing hearing on April 9, 2009. In no-merit appeals, both counsel for
appellant and the appellate court must review the entire record as a component of affording
the criminal defendant his or her constitutional rights. Campbell v. State, 74 Ark. App. 277,
47 S.W.3d 915 (2001). Neither this court nor counsel for appellant can do so without a
record that contains all of the proceedings regarding the revocation of appellant’s probation.
In addition, the argument section of a no-merit brief must contain a list of all adverse
rulings to appellant at the hearing from which the appeal arose. Ark. Sup. Ct. R. 4-8(a)(1)
(2010). The abstract and addendum must also contain all rulings adverse to appellant. Ark.
Sup. Ct. R. 4-8(a)(2) (2010). We cannot know whether all rulings adverse to appellant have
been discussed without the complete record. We order that the record be supplemented to
include any and all proceedings regarding the revocation of appellant’s probation that are not
presently contained in the record. We note that several exhibits introduced at the sentencing
hearing were returned to counsel by the court reporter. The completed record must comply
with Arkansas Rule of Appellate Procedure-Criminal 4(d). We further order that the case be
rebriefed once the record is complete. Appellant’s counsel’s motion to be relieved is denied.
Remanded to supplement the record; rebriefing ordered; motion denied.
PITTMAN and HENRY, JJ., agree.
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