Cite as 2015 Ark. App. 686
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-15-483
KERRY ANGELA WILSON Opinion Delivered DECEMBER 2, 2015
APPELLANT
APPEAL FROM THE CRAIGHEAD
V. COUNTY CIRCUIT COURT
[NO. CR-2007-0066; CR-2013-1208]
STATE OF ARKANSAS HONORABLE VICTOR L. HILL,
APPELLEE JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
REBRIEFING ORDERED
DAVID M. GLOVER, Judge
The Craighead County Circuit Court, sitting as trier of fact, convicted appellant Kerry
Angela Wilson of aggravated residential burglary. At the same hearing, Wilson’s suspended
sentences for two counts of forgery were revoked as well. On appeal, Wilson argues that there
was insufficient evidence presented by the State to support both the conviction and the
revocation of her suspended sentences. We are unable to address her arguments at this time
due to numerous deficiencies in her brief. We remand to the circuit court to settle and
supplement the record, and, after that is completed, we direct Wilson to file a substituted
abstract, brief, and addendum.
Verbatim Record
Wilson was interviewed by Detective Brandon King of the Jonesboro Police
Department regarding her participation in the aggravated residential burglary. This interview
Cite as 2015 Ark. App. 686
was taped, and a DVD of the interview was introduced into evidence as an exhibit by the
State and played. However, there is no transcript of the taped statement in the record, and,
while the digital recording is attached to the record with the other exhibits, a copy of the
recording is not included in the addendum. In Piper v. State, 2014 Ark. App. 224, our court
held that, because a verbatim record had not been made of all proceedings pertaining to any
contested matter before the trial court, and a waiver of this requirement had not been made
on the record, the case had to be remanded to settle and supplement the record.
Essential Documents
Essential documents required by Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) are
missing from the addendum, including the criminal information charging Wilson with
aggravated residential burglary and aggravated assault; State’s Exhibit 9, which is the DVD of
Wilson’s interview; and State’s Exhibit 10, which is the ledger sheet from the Craighead
County Sheriff’s Department showing Wilson’s payments toward her restitution.1
We remand this case to the circuit court to settle the record by requiring that a
verbatim transcription be made of Wilson’s custodial statement and to supplement the record
with the addition of this transcription within thirty days of this opinion. Piper, supra. Once
that has been done, we direct Wilson to file a substituted abstract, brief, and addendum
incorporating the abstract of the transcript of the custodial statement and the DVD of the
1
We note that, while contained in Wilson’s copy of her brief filed with our clerk’s office,
the Attorney General’s office, in its copying of Wilson’s brief, failed to include the January 16, 2015
sentencing order for Wilson’s aggravated-residential-burglary conviction, page eleven of the abstract,
page three of the statement of the case, page three of the argument, and pages seventeen and eighteen
of the addendum.
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Cite as 2015 Ark. App. 686
statement, as well as the other essential documents listed above, within fifteen days after the
supplemental record has been filed. We caution counsel that the deficiencies listed are merely
illustrative and not necessarily exhaustive, and we encourage counsel to familiarize herself with
the requirements of Rule 4-2 to ensure that the substituted brief contains all necessary
information and documents.
Remanded to settle and supplement the record; rebriefing ordered.
HIXSON and HOOFMAN, JJ., agree.
Terry Goodwin Jones, for appellant.
Leslie Rutledge, Att’y Gen., by: Evelyn D. Gomez, Ass’t Att’y Gen., for appellee.
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