Patricia Louise Finch v. State of Arkansas

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Patricia Louise FINCH v. STATE of Arkansas

CR 97-306                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered June 30, 1997


Appeal & error -- motion to supplement record -- remanded to trial court to 
     settle record. -- Where appellant filed a motion to supplement
     the record with affidavits of the deputy prosecuting attorney
     and appellant's attorney, the supreme court remanded the
     matter to the trial court to settle the record in accordance
     with Ark. R. App. P.--Civ. 6(d), made applicable to criminal
     proceedings pursuant to Ark. R. App. P.--Crim. 5(a), and
     directed that the settled record be filed with the court's
     clerk within thirty-five days.


     Motion to Supplement the Record; Remanded to Trial Court to
Settle the Record.
     Jim Clark Law Firm, by: Jim Clark, for appellant.
     No response.

     Per Curiam. 
     Appellant, Patricia Louise Finch, filed a motion to supplement
the record in the above case.  Appellant has filed a partial
transcript, but seeks to supplement the record with affidavits of
the deputy prosecuting attorney and appellant's attorney. 
Appellant states that these affidavits show that a motion to
exclude the attorney, whose assistance was at issue in the Rule 37
hearing, from court during appellant's testimony was made in
chambers; and appellant's attorney concedes error in his affidavit
regarding the failure to renew this motion for the record when the
hearing began.
     We remand the matter back to the trial court to settle the
record in accordance with Ark. R. App. P. Civ. 6(d), made
applicable to criminal proceedings pursuant to Ark. R. App. P.
Crim. 5(a).  West v. State, 322 Ark. 114, 907 S.W.2d 133 (1995)
(per curiam).  We direct that the record, as settled, be filed with
this court's clerk within thirty-five days.