Alan Francisco v. State of Arkansas

2020 Ark. App. 298

• Court: Court of Appeals of Arkansas
• Decided: May 13, 2020
• Status: Published

Opinion

Reason: I attest to the accuracy Cite as 2020 Ark. App. 298 and integrity of this document Date: 2021-07-07 12:10:16 ARKANSAS COURT OF APPEALS Foxit PhantomPDF Version: 9.7.5 DIVISION IV No. CR-20-28

Opinion Delivered: May 13, 2020 ALAN FRANCISCO APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04CR-18-2501] V. HONORABLE ROBIN F. GREEN, JUDGE STATE OF ARKANSAS APPELLEE SUPPLEMENTAL ADDENDUM ORDERED

RAYMOND R. ABRAMSON, Judge

Appellant Alan Francisco appeals from the Benton County Circuit Court’s “oral

denial of his motion to terminate the obligation to register as a sex offender on July 15,

2019, following a hearing on that motion.” We note that pursuant to Arkansas Supreme

Court Administrative Order 2(b)(2), an oral order announced from the bench does not

become effective until reduced to writing and filed. See Baxley v. Baxley, 86 Ark. App. 200,

204, 167 S.W.3d 158, 160 (2004). In the record before us, there does appear to be an order,

file stamped on August 14, 2019, that includes the circuit court’s signature and notations

denying Francisco’s motion on July 15, 2019. However, because these pages are not in

appellant’s addendum or in the State’s supplemental addendum, we may not yet reach the

merits of this appeal. Arkansas Supreme Court Rule 4-2(a)(8) requires that an addendum 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 addendum must

include “the order, judgment, decree, ruling, letter opinion, or administrative agency

decision from which the appeal is taken.” Ark. Sup. Ct. R. 4-2(a)(8)(A)(i) (2019).

We therefore order appellant to file a supplemental addendum within seven calendar

days of this opinion’s date. Ark. Sup. Ct. R. 4-2(b)(4). We encourage counsel to review

the Rules of the Arkansas Supreme Court and Court of Appeals to ensure that the brief

complies with the rules and that no additional deficiencies are present.

Supplemental addendum ordered.

KLAPPENBACH and MURPHY, JJ., agree.

Michael Kiel Kaiser and William O. “Bill” James, Jr., for appellant.

Leslie Rutledge, Att’y Gen., by: Jacob H. Jones, Ass’t Att’y Gen., for appellee.