Taylor Butry-Weston v. State of Arkansas

2020 Ark. App. 340

• Court: Court of Appeals of Arkansas
• Decided: June 3, 2020
• Status: Published

Opinion

Cite as 2020 Ark. App. 340 Reason: I attest to the ARKANSAS COURT OF APPEALS accuracy and integrity of this document Date: 2021-07-07 12:33:28 Foxit PhantomPDF Version: DIVISION IV 9.7.5 No. CR-19-709

Opinion Delivered: June 3, 2020

APPEAL FROM THE CRAWFORD TAYLOR BUTRY-WESTON COUNTY CIRCUIT COURT APPELLANT [NOS. 17CR-17-1114, 17CR-17-1216, 17CR-17-1217, 17CR-17-238] V. HONORABLE GARY COTTRELL, JUDGE STATE OF ARKANSAS APPELLEE SUPPLEMENTATION OF THE RECORD AND REBRIEFING ORDERED; MOTION TO WITHDRAW DENIED

KENNETH S. HIXSON, Judge

On March 28, 2018, appellant Taylor Butry-Weston pleaded guilty to theft of

property (credit/debit card), fraudulent use of a credit/debit card, possession of drug

paraphernalia, four counts of second-degree forgery, and two counts of failure to appear.

For theses offenses, Taylor was placed on three years’ probation.

On April 6, 2018, the State filed a petition to revoke Taylor’s probation, alleging

that she violated her conditions of probation by failing to comply with the rules and

regulations of drug court when she failed to report for intake and drug testing. After a

revocation hearing held on June 19, 2019, the trial court found that Taylor violated her

conditions by failing to appear for drug court after being notified of the prescribed dates and

times. On July 13, 2019, the trial court entered a sentencing order revoking Taylor’s probation and sentencing her to six years in prison. Taylor now appeals the revocation of

her probation.

Pursuant to Anders v. California, 386 U.S. 738 (1967), and Arkansas Supreme Court

Rule 4-3(k), Taylor’s counsel has filed a motion to be relieved on the grounds that this

appeal is wholly without merit. Taylor’s counsel’s motion was accompanied by a brief

discussing all the adverse rulings in the record and a statement of the reason each point raised

cannot arguably support an appeal. Taylor was provided a copy of her counsel’s brief and

motion and notified of her right to file pro se points for reversal, but she has not filed any

points. We deny counsel’s motion to withdraw, and we remand to settle the record and

supplement the addendum.

Arkansas Supreme Court Rule 4-2(a)(8) requires that the addendum to appellant’s

brief include all documents that are essential for the appellate court to understand the case

and to decide the issues on appeal. See also Ark. Sup. Ct. R. 4-3(k)(1) (“The abstract and

addendum of the brief shall contain, in addition to the other material parts of the record, all rulings

adverse to the defendant made by the circuit court.” (Emphasis added.)). Taylor’s

addendum does not contain her written conditions of probation, which is essential to our

review of this case and her counsel’s argument that the trial court did not err in finding that

Taylor violated a condition. See Rigsby v. State, 2019 Ark. App. 17; see also Baney v. State,

2016 Ark. App. 405. Moreover, Taylor’s written conditions of probation are not contained

in our record. If anything material to either party is omitted from the record by error or

accident, we may direct that the omission be corrected, and if necessary, that a supplemental

2 record be certified and transmitted. Ark. R. App. P.–Civ. 6(e) (made applicable to criminal

cases by Ark. R. App. P.–Crim. 4(a)).

Because of the deficiency in the record, we remand to the trial court to settle and

supplement the record with the necessary document containing Taylor’s written conditions

of probation, to be completed within thirty days. Upon filing of the supplemental record,

counsel shall have fifteen days in which to file a substituted abstract, addendum, and brief.

See Ark. Sup. Ct. R. 4-2(b)(3). We encourage Taylor’s counsel to review Rule 4-2 of the

Rules of the Arkansas Supreme Court to ensure that the substituted abstract, brief, and

addendum comply with the rules and that no additional deficiencies are present.

Supplementation of the record and rebriefing ordered; motion to withdraw denied.

GLADWIN and HARRISON, JJ., agree.

Jason A. Hutcheson, for appellant.

One brief only.