Hakim v. State
Hakim v. State
Opinion of the Court
Alim Shakir Hakim was convicted by a Sebastian County jury of one count of delivery of cocaine and sentenced as a habitual offender to twenty-five years' imprisonment with an additional five years' suspended sentence. Pursuant to Anders v. California ,
Hakim was sentenced as a habitual offender; however, none of the previous convictions are included in the addendum. Additionally, there was a video played during the trial, and although it is abstracted, the video is not included in the addendum. Arkansas Supreme Court Rule 4-2(a)(8)(A)
A brief's abstract shall contain "material parts" of the transcripts, including information "essential for the appellate court to ... understand the case, and to decide the issues on appeal."
Counsel's argument before this court is as follows:
The undersigned attorney believe[s] that this is a no merit appeal. Pursuant to Anders v. California,386 U.S. 738 ,87 S.Ct. 1396 ,18 L.Ed.2d 493 (1967) and Rule 4-3(h) of the Rules of the Supreme Court, the record has been abstracted and reviewed. There were no adverse ruling of the trial court. Only one objection was made, by the State, which the court first upheld (R. 58-59, AB 1-2) but after reconsideration, the trial court reversed its ruling, allowing the defense counsel to argue how much prison time the appellant had previously received. (R. 85-86, AB 2-3)
At the start of trial, which was for delivery of cocaine in violation of ACA 5-64-422, trial counsel admitted that the appellant was guilty of the crime. (R. 81, AB. 2) Thus, there is not even an argument for insufficient evidence to convict. Trial counsel did not move for a directed verdict, and acknowledged such. (R. 114-115, AB 13-14)
Based on the fact that no objections were made that were adverse to the appellant, an appeal is frivolous. Based on these facts, the ruling of the Trial Court should be upheld and the undersigned allowed to withdraw as counsel for the appellant.
A close look at page two of the abstract reveals that during a side bar, counsel stated to the court, "My client committed this crime. They have a video of it[.]" However, it was not the court that found Hakim guilty, it was the jury. Thus, counsel has directed us to the wrong statement in his attempt to justify why a sufficiency argument is unwarranted. Reference in the argument portion of the parties' brief to material found in the abstract and addendum shall be followed by a reference to the page number of the abstract or addendum at which such material may be found.
The briefing deficiencies mentioned are not to be taken as an exhaustive list. Counsel has fifteen days from the date of this opinion to file a substituted abstract, brief, and addendum that complies with the rules.
Rebriefing ordered; motion to withdraw denied.
Gruber, C.J., and Harrison, J., agree.
(2017).
Ark. Sup. Ct. R. 4-2(a)(5) (2017).
Supra.
Sartin v. State ,
Ark. Sup. Ct. R. 4-2(a)(7).
Counsel indicated to the jury during closing that Hakim was guilty but failed to abstract that part of the transcript.
Ark. Sup. Ct. R. 4-2(a)(7).
See Ark. Sup. Ct. R. 4-2(b)(3).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.