Cite as 2015 Ark. App. 502
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-14-695
Opinion Delivered September 23, 2015
MICHAEL TODD
APPELLANT APPEAL FROM THE HEMPSTEAD
COUNTY CIRCUIT COURT
V. [NOS. CR-2009-33, CR-2009-34, CR-
2009-35, CR-2009-36, CR-2009-37,
STATE OF ARKANSAS CR-2009-38, CR-2013-78]
APPELLEE
HONORABLE DUNCAN
CULPEPPER, JUDGE
REMANDED FOR CORRECTION
OF THE RECORD
M. MICHAEL KINARD, Judge
Appellant Michael Todd brings this appeal from the revocation of his suspended
imposition of sentence (SIS) in six cases and from his convictions in a seventh case. We
remand for the record to be corrected.
In April 2009, appellant entered a negotiated plea to nine counts of breaking or
entering in six different cases. He was sentenced to eight years’ imprisonment and seven
years’ SIS on each count. In February 2014, the State filed a petition to revoke appellant’s
SIS in all six 2009 cases. At a revocation hearing on February 24, 2014, the State presented
evidence that appellant had been convicted of another crime in 2013. The court revoked
appellant’s SIS on all nine breaking-or-entering convictions and sentenced him to sixty-four
months’ imprisonment on each count.
Cite as 2015 Ark. App. 502
In case CR-2013-78, appellant was charged with breaking or entering, second-degree
forgery, theft of property, and commercial burglary. After a jury trial on February 26, 2014,
he was convicted of all four counts and sentenced to seventy-five years’ imprisonment, to run
consecutive to his sentences received upon revocation.
On March 21, 2014, appellant filed a timely notice of appeal from his convictions in
case CR-2013-78. On the same date, he also timely filed a separate notice of appeal from
the orders revoking his SIS in CR-2009-33, CR-2009-34, CR-2009-35, CR-2009-36, CR-
2009-37, and CR-2009-38. The record appellant filed with the clerk of this court contains
the proceedings of both his revocation hearing and his separate jury trial, and in his brief,
appellant raises arguments stemming from both proceedings. However, the two matters were
tried separately below, and the appeals from the two proceedings have not been consolidated
by this court. We remand for two separate records to be compiled by the circuit clerk. The
records shall be filed within thirty days of the date of this opinion. Appellant’s counsel shall
file two separate briefs within thirty days thereafter.
Remanded for correction of the record.
GRUBER and HIXSON, JJ., agree.
Anthony S. Biddle, for appellant.
Leslie Rutledge, Att’y Gen., by: Ashley Argo Priest, Ass’t Att’y Gen., for appellee.
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