Mace v. State
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Cite as 2011 Ark. App. 472
ARKANSAS COURT OF APPEALS
DIVISION IV
CACR10-825
No.
Opinion Delivered
TERRY LEE MACE
APPELLANT
June 29, 2011
APPEAL FROM THE JOHNSON
COUNTY CIRCUIT COURT
[CR-2009-121]
HONORABLE BILL PEARSON,
JUDGE
V.
STATE OF ARKANSAS
APPELLEE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD
DAVID M. GLOVER, Judge
Appellant Terry Lee Mace was tried by a jury and found guilty of the offense of
aggravated robbery, with an enhancement based on the use of a firearm. He was sentenced
to fifteen years for the aggravated-robbery conviction and to an additional five years for
the firearm enhancement. His counsel has filed a motion to withdraw, accompanied by a
brief, abstract, and addendum, pursuant to Anders v. California, 368 U.S. 738 (1967) and
Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals,
contending that an appeal in this case would be wholly frivolous. Mace was provided with
a copy of his counsel’s brief and notified that he had thirty days within which to raise any
points of appeal, which he has done. The State has responded to the points filed by Mace,
Cite as 2011 Ark. App. 472
contending that the points are barred on appeal, not supported by the record, or otherwise
without merit. We remand the case to the trial court to settle the record because we have
not been provided with a complete record.
As we explained in Hadley v. State, 2010 Ark. App. 536, we must have the entire
record of the trial-court proceedings to be able to properly review a criminal case that is
presented to us in an Anders, no-merit format. See also Campbell v. State, 74 Ark. App. 277,
53 S.W.3d 48 (2001) (supp. op. on denial of rehearing). If anything material to either
party is omitted from the record, by error or accident, we may direct that the omission or
misstatement be corrected, and, if necessary, that a supplemental record be certified and
transmitted. Hadley, supra; Ark. R. App. P.–Crim. 4(a); Ark. R. App. P.–Civ. 6(e). Here,
as in Hadley, supra, the record itself does not contain matters that are essential for our
review. Voir dire of the prospective jurors in this case was not designated to be included
in the record for this appeal. We are, therefore, unable to review the record on this
portion of the trial-court proceedings. Moreover, one of the pro se points raised by Mace
generally challenges the selection of several jurors, whom Mace claims exhibited bias
toward him. It is impossible for us to review his challenge without the voir dire portion of
the record. That is true even though both parties asserted at the conclusion of voir dire
that the jury panel was acceptable to them.
We will not address this appeal until the record is settled and supplemented and the
case is rebriefed. We therefore remand this case for the record to be settled and
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Cite as 2011 Ark. App. 472
supplemented within thirty days. Upon supplementation, the clerk will establish a new
briefing schedule.
Remanded to settle and supplement the record.
V AUGHT, C.J., and H ART, J., agree.
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