Hooks v. State (Majority)

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Cite as 2013 Ark. App. 500 ARKANSAS COURT OF APPEALS DIVISION III CR-12-900 No. Opinion Delivered PAMELA HOOKS V. STATE OF ARKANSAS September 18, 2013 APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NO. CR-2010-4212] APPELLEE HONORABLE LEON JOHNSON, JUDGE REBRIEFING ORDERED BRANDON J. HARRISON, Judge A Pulaski County jury found Pamela Hooks guilty of second-degree murder. Ark. Code Ann. § 5-10-103 (Repl. 2006). She was then sentenced to 720 months imprisonment. Hooks argues on appeal that the circuit court erred in denying her motion for a directed verdict because the State failed to sufficiently prove its case against her. We cannot decide the merits of Hooks s appeal at this point because she has failed to abstract material parts of the trial testimony. Arkansas Supreme Court Rule 4-2(a)(5) (2013) provides: (5) Abstract. The appellant shall create an abstract of the material parts of all the transcripts (stenographically reported material) in the record. Information in a transcript is material if the information is essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal. 1 Cite as 2013 Ark. App. 500 In her brief, Hooks challenges the sufficiency of the evidence to support her conviction (on the element that she intended John Davis s death), but her abstract omits her own trial testimony. Hooks s trial testimony is essential to understand the issues and decide this case s merits. Spears v. State, 82 Ark. App. 376, 109 S.W.3d 139 (2003). We therefore direct Hooks to correct this deficiency by filing a substituted brief within fifteen days of this order s date. Ark. Sup. Ct. R. 4-2(b)(3) (2013). After service of her substituted brief, the State may file a responsive brief in the time prescribed by the supreme court clerk, or it may choose to rely on the appellee s brief it previously filed. Ark. Sup. Ct. R. 4-2(b)(3). We encourage Hooks s counsel to review our rules and her current abstract and addendum to ensure that no additional deficiencies are present. Rebriefing ordered. BROWN and WHITEAKER, JJ., agree. James Phillips and Elizabeth Borders, Deputy Public Defenders, by: Clint Miller, Deputy Public Defender, for appellant. Dustin McDaniel, Att y Gen., by: Vada Berger, Ass t Att y Gen., for appellee. 2

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