Jones v. State

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Cite as 2011 Ark. App. 647 ARKANSAS COURT OF APPEALS DIVISION III No. CACR11-19 Opinion Delivered October JOE McKINLEY JONES 26, 2011 APPELLANT APPEAL FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT [NO. CR-2010-372] V. STATE OF ARKANSAS APPELLEE HONORABLE J. MICHAEL FITZHUGH, JUDGE SUPPLEMENTAL ADDENDUM ORDERED PER CURIAM This is an appeal from a Sebastian County jury trial finding Joe McKinley Jones guilty of possession of cocaine with intent to deliver and possession of drug paraphernalia. The issues on appeal are (1) whether the police had probable cause for his arrest and the subsequent search of his vehicle and (2) whether the introduction of the crime lab report without crossexamination violated his constitutional rights. Because the addendum is not in compliance with Arkansas Supreme Court Rule 4-2(a)(8), we order appellant to file a supplemental addendum. Rule 4-2(a)(8) requires the addendum to contain all documents in the record that are essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal. Specifically, the Rule requires all motions . . . , responses, Cite as 2011 Ark. App. 647 replies, exhibits, and related briefs, concerning the order, judgment or ruling challenged on appeal be included. Ark. Sup. Ct. R. 4-2(a)(8)(A)(i) (2010). Because appellant has not included the State s response to Defendant s motion for discovery or the crime lab report, we direct him to correct these deficiencies by filing a supplemental addendum within seven calendar days from the date of this opinion. Ark. Sup. Ct. R. 4-2(b)(4). See In re 4-2(b) of the Rules of the Supreme Court, 2011 Ark. 141. We strongly encourage appellate counsel, prior to filing the supplemental addendum, to review our rules as well as the addendum to ensure that no additional deficiencies are present. 2

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