Stutte v. State

Arkansas Court of Appeals
Stutte v. State, 2013 Ark. App. 514 (2013)
Kenneth S. Hixson

Stutte v. State

Opinion

Susan Williams Cite as

2013 Ark. App. 514 2019

.01. 02 ARKANSAS COURT OF APPEALS 15:37:29 DIVISION IV -06'00' No. CR-12-1027

Opinion Delivered SEPTEMBER 18, 2013

CHARLES L. STUTTE APPEAL FROM THE WASHINGTON APPELLANT COUNTY CIRCUIT COURT [NO. CR-12-765-1] V. HONORABLE WILLIAM A. STOREY, JUDGE STATE OF ARKANSAS APPELLEE SUPPLEMENTAL ADDENDUM ORDERED

KENNETH S. HIXSON, Judge

Appellant Charles Stutte was convicted of driving while intoxicated, first offense, and

resisting arrest following a bench trial in Washington County Circuit Court. Appellant argues

on appeal that both convictions should be reversed because the charges resulted from an illegal

stop and because there is insufficient evidence to support either conviction. We cannot

address the merits at this time because appellant failed to comply with the Arkansas Supreme

Court’s rules governing the contents of the abstract and addendum. Specifically, appellant

must submit a supplemental addendum that includes the dash-board video recording of the

pursuit and stop by the officer.

An appellant must include in the addendum those exhibits that are essential for our

court to understand the case, including computer disks and DVDs, if applicable. Ark. Sup.

Ct. R. 4-2(a)(8)(A)(i). Here, the video recording of the officer’s pursuit and stop of appellant Cite as

2013 Ark. App. 514

was made part of the record and was essential in the trial court’s consideration of his argument

regarding an alleged illegal stop. In our de novo review of suppression issues, we necessarily

would need to review the entirety of the evidence before the trial court, which would include

the DVD of this recording. We will permit appellant seven calendar days to supplement his

addendum to provide the video exhibit to the members of our court. Ark. Sup. Ct. R. 4-

2(b)(4) (2012); see also Powell v. State,

2013 Ark. App. 149

; Lewis v. State,

2012 Ark. App. 540

.

Supplemental addendum ordered.

GRUBER and WOOD, JJ., agree.

Taylor Law Partners, LLP, by: William B. Putman, for appellants.

Dustin McDaniel, Att’y Gen., by: Laura Shue, Ass’t Att’y Gen., for appellee.

2

Reference

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