Cite as 2013 Ark. App. 626
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-13-206
Opinion Delivered November 6, 2013
STEPHEN BRIAN COLE APPEAL FROM THE GARLAND
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-2010-109-IV]
V. HONORABLE MARCIA
HEARNSBERGER, JUDGE
STATE OF ARKANSAS REMANDED FOR
APPELLEE SUPPLEMENTATION OF THE
ADDENDUM
ROBERT J. GLADWIN, Chief Judge
Stephen Brian Cole appeals the revocation of his probation in the Garland County
Circuit Court, wherein he was sentenced to 120 months’ imprisonment in the Arkansas
Department of Correction. We do not rule on the merits of his argument because we must
remand for supplementation of the addendum.
In revocation proceedings, the State has the burden of proving that the defendant
violated the terms of his probation, as alleged in the revocation petition, by a preponderance
of the evidence; this court will not reverse a trial court’s decision to revoke unless it is clearly
against the preponderance of the evidence. Mott v. State, 2013 Ark. App. 529. When
appealing a revocation, it is the appellant’s burden to prove that the trial court’s findings were
clearly against the preponderance of the evidence. Id. The State bears the burden of proof,
Cite as 2013 Ark. App. 626
but need only prove that the defendant committed one violation of the conditions. Ortiz
v. State, 2013 Ark. App. 442.
Cole contends that the State failed to introduce sufficient evidence that he violated
a condition of his probation that required him to obtain permission before leaving his
reported residence for an extended time. However, the conditions of Cole’s probation are
not included in complete form in the addendum of his appellate brief. There are several
pleadings that should have been included in the addendum but were not, including, but not
limited to (1) findings of fact, filed November 2, 2012; (2) the signature page of the
sentencing order; (3) pages 2 and 3 of the judgment and conditions of probation, filed
November 8, 2010 (which includes the specific condition at issue); (4) the petition to show
cause, filed May 7, 2012 (which is the revocation petition); and (5) the violation report, filed
April 26, 2012. These documents are essential for this court to confirm its jurisdiction, to
understand the case, and to decide the issues on appeal. Ark. Sup. Ct. R. 4-2(a)(8)(A)
(2012). Accordingly, Cole has seven days to provide the additional materials from the record
to the members of the appellate court. Ark. Sup. Ct. R. 4-2(b)(4). We encourage review
of our rules to ensure that no other deficiencies are present.
Remanded for supplementation of the addendum.
PITTMAN and WOOD, JJ., agree.
Gary J. Barrett, for appellant.
Dustin McDaniel, Att’y Gen., by: Lauren Elizabeth Heil, Ass’t Att’y Gen., for appellee.
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