Cite as 2015 Ark. App. 474
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-14-990
Opinion Delivered September 16, 2015
EDWARD LOCKHART APPEAL FROM THE SALINE
APPELLANT COUNTY CIRCUIT COURT
[NO.63CR-13-703-3]
V.
HONORABLE GRISHAM PHILLIPS,
STATE OF ARKANSAS JUDGE
APPELLEE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
REBRIEFING ORDERED
BRANDON J. HARRISON, Judge
Edward Lockhart appeals his convictions for DWI Sixth Offense and Refusal to
Submit to a Chemical Test. He argues that the circuit court erred in (1) denying his
directed verdict motions, (2) refusing to suppress evidence obtained in an unlawful traffic
stop, (3) denying his posttrial motions, (4) denying his motion to dismiss for lack of
jurisdiction, and (5) allowing evidence of prior convictions. We remand for the record to
be settled and supplemented; and we also order rebriefing.
The sufficiency of the evidence is an issue in this appeal. During the trial, the jury
viewed audio and video footage of the police stopping Lockhart’s car and conducting
field-sobriety tests. The court admitted this footage as State’s Exhibit No. 2. Lockhart
also made recorded statements to a police officer at the Bryant Police Department after he
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Cite as 2015 Ark. App. 474
was arrested, allegedly without the benefit of Miranda warnings. A video recording of this
interaction was admitted as State’s Exhibit 5. State’s Exhibits 2 and 5 were played for the
jury at trial over Lockhart’s objections. The record, however, contains no transcript of
what was said during the videos although there is an audio component to them. One
digital copy (a DVD) of each of the videos was attached to the record, but no DVDs were
included in Lockhart’s addendum.
We must remand for the circuit court to supply us with a transcript of the
statements made on the videos. Unless waived on the record by the parties, Arkansas
Supreme Court Administrative Order No. 4(a) requires circuit courts to create a verbatim
record of all proceedings pertaining to any contested matter before the court or the jury.
Here, there is no indication that the parties waived the making of an official transcription
of these recorded statements. We therefore remand this case so the circuit court can
require that verbatim transcriptions be made of the recordings played at trial. The appeal
record must then be supplemented with the transcriptions within thirty days of this
opinion. See Patton v. State, 2013 Ark. App. 131.
There is a second reason to remand. Although the jury convicted Lockhart for
refusing the breathalyzer test, it apparently did not sentence Lockhart on that charge.
The sentencing order is silent on that count, and the record has no second-stage jury-
verdict form showing that the jury recommended a sentence. On remand, the circuit
court needs to clarify its sentencing order and settle the record on this point.
Regarding the briefing, there are addendum and abstract problems. Lockhart’s
addendum is missing copies of all of the prior convictions upon which the State based its
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Cite as 2015 Ark. App. 474
prosecution for DWI Sixth Offense. Nor does it include the DVDs that we mentioned
earlier. The abstract issue relates to Lockhart’s argument that the court erred in denying
his posttrial motions. Lockhart did not abstract the posttrial hearing where the circuit
court considered these motions, and he should have done so. We encourage Lockhart to
review our rules before filing his substituted abstract, brief, and addendum and to cure any
other deficiencies or inaccuracies.
We direct Lockhart to file a substituted abstract, brief, and addendum that supplies
the needed material within fifteen days after the trial record is settled and the supplemental
record is filed.
Remanded to settle and supplement the record; rebriefing ordered.
ABRAMSON and BROWN, JJ., agree.
Jones Law Firm, by: F. Parker Jones III, for appellant.
Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.
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