Collins v. State

2014 Ark. App. 371

• Court: Court of Appeals of Arkansas
• Decided: June 18, 2014
• Docket: CR-13-537
• Status: Published

Opinion

Cite as 2014 Ark. App. 371

ARKANSAS COURT OF APPEALS DIVISION I No. CR-13-537

Opinion Delivered June 18, 2014

KHALIN COLLINS APPEAL FROM THE COLUMBIA APPELLANT COUNTY CIRCUIT COURT [NO. CR-2010-191-5] V. HONORABLE LARRY CHANDLER, JUDGE STATE OF ARKANSAS APPELLEE REBRIEFING ORDERED

ROBERT J. GLADWIN, Chief Judge

Khalin Collins was convicted of three counts of arson and one count each of

commercial burglary and theft of property over $2500. On appeal, Collins challenges the

sufficiency of evidence corroborating the accomplice testimony as to all charges. However,

we do not address the issues raised because rebriefing is necessary.

Arkansas Supreme Court Rule 4-2 (2013) sets forth the requirements for the contents

of appellate briefs. Rule 4-2(a)(8)(A)(i) requires that the addendum of the appellate brief

contain the jury’s verdict forms. Collins’s addendum lacks these forms. Further, Rule 4-

2(a)(5)(B) requires that no more than one page of a transcript shall be abstracted without

giving a record page reference. Collins’s abstract violates this rule in several instances, and

gives no explanation or summary of the proceedings before testimony of the first witness is

abstracted. Rule 4-2(a)(8)(A)(i) also requires that all versions of the order being appealed Cite as 2014 Ark. App. 371

from must be included in the addendum. Collins’s addendum contains only one page of the

March 21, 2013 amended sentencing order.

Therefore, because Collins’s abstract and addendum are inadequate, we order Collins

to file within fifteen days of this opinion a substituted abstract, brief, and addendum that

complies with our rules. See Ark. Sup. Ct. R. 4-2(b)(3). We remind counsel that the

examples we have noted are not to be taken as an exhaustive list of deficiencies and ask that

counsel carefully review the rules to ensure that no other deficiencies exist.

Rebriefing ordered.

VAUGHT and BROWN, JJ., agree.

James B. Bennett, for appellant.

Dustin McDaniel, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.