Cite as 2015 Ark. App. 442
ARKANSAS COURT OF APPEALS
DIVISION III
No. CR-14-1111
ROSMAN CHANTHARATH Opinion Delivered September 2, 2015
APPELLANT
APPEAL FROM THE WASHINGTON
V. COUNTY CIRCUIT COURT
[NO. CR-2013-1746-6]
STATE OF ARKANSAS HONORABLE MARK LINDSAY,
APPELLEE JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
REBRIEFING ORDERED
CLIFF HOOFMAN, Judge
Appellant Rosman Chantharath appeals from his conviction for delivery of a controlled
substance (methamphetamine), for which he received a sentence of five years’ imprisonment
and a $10,000 fine. On appeal, Chantharath argues (1) that the circuit court abused its
discretion by refusing to allow him to cross-examine a witness about a pending petition to
revoke the witness’s probation and (2) that the circuit court’s refusal to allow this evidence
violated his right to confront the witness against him. We decline to address the merits of the
appeal at this time and instead remand to settle and supplement the record. We also order
rebriefing.
On October 14, 2013, Chantharath was charged with one count of delivery of a
controlled substance (methamphetamine). The jury trial was held on August 28, 2014, and
an audio recording of the controlled buy between Chantharath and the confidential informant
Cite as 2015 Ark. App. 442
was played for the jury and admitted into evidence. Although a transcript of the recording
that had been prepared by the prosecutor was also admitted as an aid to the jury, no official
transcription of what was played at trial is contained in the record before us. Pursuant to
Arkansas Supreme Court Administrative Order No. 4(a), the circuit court has the duty to
ensure that a verbatim record is made of all proceedings pertaining to any contested matter
between the court or the jury unless the issue is waived on the record by the parties. No such
waiver appears in the record in this case. In previous cases where there was no official
transcription in the record of a statement or other recording that was played at trial, this court
has remanded the case to the circuit court to settle the record by requiring that a verbatim
transcription be made and that the record be supplemented with this transcription. See, e.g.,
Piper v. State, 2014 Ark. App. 224; Patton v. State, 2013 Ark. App. 131. Although
Chantharath does not challenge the sufficiency of the evidence supporting his conviction in
this appeal, his evidentiary arguments are related to the credibility of the confidential
informant who participated in the drug buy, and the contents of the recording could also
potentially be relevant to any harmless-error analysis on appeal.
We therefore remand this case to the circuit court to settle and supplement the record
with the verbatim transcription of the recorded drug buy that was played to the jury within
thirty days of the date of this opinion. Chantharath must then file a substituted abstract, brief,
and addendum incorporating this transcript. Furthermore, although the CD of the recording
is contained in the record, it is not included in the addendum. We also order Chantharath
to supplement his addendum with a copy of this CD in accordance with Arkansas Supreme
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Cite as 2015 Ark. App. 442
Court Rule 4-2(a)(8)(A)(i) (2015). Piper, supra. The substituted abstract, brief, and addendum
are then due within fifteen days after the supplemental record has been filed with this court.
Remanded to settle and supplement the record; rebriefing ordered.
ABRAMSON and GRUBER, JJ., agree.
Steven R. Davis, for apellant.
Leslie Rutledge, Att’y Gen., by: Evelyn D. Gomez, Ass’t Att’y Gen., for appellee.
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