Cite as 2014 Ark. App. 522
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-13-491
NICHOLAS BURRIS Opinion Delivered October 1, 2014
APPELLANT
APPEAL FROM THE UNION
COUNTY CIRCUIT COURT
[NO. CR-12-395]
V.
HONORABLE HAMILTON H.
SINGLETON, JUDGE
MOTION TO WITHDRAW DENIED
STATE OF ARKANSAS WITHOUT PREJUDICE;
APPELLEE REBRIEFING ORDERED
PHILLIP T. WHITEAKER, Judge
Appellant Nicholas Burris was convicted by a Union County jury of one count of
rape and one count of residential burglary. He was sentenced to a total of thirty-five years’
imprisonment for the two convictions. Pursuant to Anders v. California, 386 U.S. 738 (1967),
and Rule 4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals, Burris’s
attorney has filed a motion to withdraw as counsel on the ground that the appeal is wholly
without merit. The motion is accompanied by an abstract, brief, and addendum purporting
to list all adverse rulings and to explain why each adverse ruling is not a meritorious ground
for reversal. Burris was provided a copy of counsel’s brief and notified of his right to file a
Cite as 2014 Ark. App. 522
list of points within thirty days; he has elected to file pro se points, and the State has filed a
responsive brief.
We previously ordered rebriefing in this case because the record did not contain a
transcript of voir dire. Burris v. State, 2014 Ark. App. 37. That deficiency has been corrected,
but we must again deny Burris’s counsel’s motion to withdraw because counsel has failed to
submit an abstract and addendum that complies with the requirements of the Rules of the
Arkansas Supreme Court and Court of Appeals. The abstract we have been provided reflects
that a CD containing an interview with Burris was played in open court. In addition, a
transcript of that interview was introduced into evidence and handed out to the jury to read
along as the recording was played. The text of the transcript has not been abstracted, and
there is no copy of the CD in the addendum. See Ark. Sup. Ct. R. 4-2(a)(8)(A)(i); Copeland
v. State, 2013 Ark. App. 6.
Pursuant to Rule 4-2(b)(3), we afford Burris’s counsel an opportunity to cure these
deficiencies. Counsel is directed to file a substituted abstract, brief, and addendum within
fifteen days from the date of this opinion.
Motion to withdraw denied without prejudice; rebriefing ordered.
GRUBER and VAUGHT, JJ., agree.
N. Mark Klappenbach, for appellant.
Dustin McDaniel, Att’y Gen., by: Rachel H. Kemp, Ass’t Att’y Gen., for appellee.
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