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ARKANSAS COURT OF APPEALS DIVISION II No.CR-16-568

Opinion Delivered: May 3, 2017 JAMES PAFFORD APPELLANT APPEAL FROM THE HEMPSTEAD COUNTY CIRCUIT COURT [NO. 29CR-15-112] V. HONORABLE DUNCAN STATE OF ARKANSAS CULPEPPER, JUDGE

APPELLEE REMANDED TO SETTLE AND SUPPLEMENT THE RECORD; REBRIEFING ORDERED

MIKE MURPHY, Judge

A Hempstead County jury convicted appellant James Pafford of two counts of rape

and two counts of sexual assault in the second degree. Pafford was sentenced to twenty-five

years’ imprisonment in the Arkansas Department of Correction (ADC) on each rape

conviction, to run consecutively to each other, and five years’ imprisonment on each sexual-

assault conviction, to run concurrently with the rape convictions, totaling fifty years in the

ADC. Pafford timely filed a motion for new trial, and the circuit court denied the motion

by order. From that order, Pafford appeals. We do not reach the merits of appellant’s

arguments due to a deficiency in the record and appellant’s addendum.

Pafford raises four points for reversal. All four issues require us to consider his motion

for new trial, which we are not able to do with the record before us. Both the record and

addendum are missing pages fourteen through eighteen of the nineteen-page motion and Cite as

brief in support of a new trial. Arkansas Supreme Court Rule 4-2(a)(8) requires that an

appellant’s brief include an addendum consisting of all documents essential to this court’s

resolution of the issues on appeal. Additionally, 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 record be certified and transmitted. Ark. R. App. P.–Civ.

(6)(e).

Because of the deficiency in the record as outlined above, we remand to the circuit

court to settle and supplement the record with the necessary documents within thirty days.

Whitson v. State,

. Pafford shall have fifteen days from the date the

supplemental record is lodged to file a substituted abstract, addendum, and brief. See Ark.

Sup. Ct. R. 4-2(b)(3). After service of the substituted brief, the State shall have fifteen days

to revise or supplement its responsive brief or it may rely on the brief that it has previously

filed in this appeal. The parties originally requested an oral argument in this case, and they

may request one again. Counsel is reminded to carefully review the rules to ensure that no

other deficiencies exist.

Remanded to settle and supplement the record; rebriefing ordered.

ABRAMSON and HIXSON, JJ., agree.

Benca & Benca, by: Patrick J. Benca, for appellant.

Leslie Rutledge, Att’y Gen., by: Kristen C. Green, Ass’t Att’y Gen., for appellee.

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