James Baker was sentenced to a term of twelve years’ imprisonment for raping his granddaughter. On appeal, Baker argues that the trial court erred in denying his motion to suppress his confession. He contends that: (1) his confession was involuntarily given because the police did not comply with Ark. R. Crim. P. 2.3 (2004); (2) it was obtained after he had clearly invoked his right to an attorney under the Fourth Amendment; and, (3) he did not subsequently waive his Fourth Amendment right by continuing to speak with the police.
Although the subject of Baker’s appeal is the trial court’s denial of his motion to suppress, neither the motion nor the supporting briefs are included in the record, and the trial court’s order denying the motion is not abstracted. As this court has often stated, “[A]ny issue outside the record will not be considered on appeal. The burden is on the appellant to bring up a record sufficient to demonstrate that the trial court was in error, and where the appellant fails to meet its burden, this court has no choice but to affirm the trial court.” Warnock v. Warnock, 336 Ark. 506, 988 S.W.2d 7 (1999). In addition, “[o]ur review on appeal is limited to the record as abstracted, and we will not reach the merits of a case when documents in the transcript that are necessary for an understanding of the case are not abstracted.” Id. Without the motion to suppress, the briefs supporting the motion, and the trial court’s order denying the motion, this court cannot determine if the trial court erred. These documents are imperative to our review of this appeal, and because Baker failed to include them in the record or the abstract, we cannot address the merits of this case. See Johnson v. Simes, 361 Ark. 18, 204 S.W.3d 58 (2005).
Supreme Court Rule 4-2(b)(3) explains the procedure to be followed when an appellant has failed to supply this court with a sufficient brief. The rule provides:
Whether or not the appellee has called attention to deficiencies in the appellant’s abstract or Addendum, the Court may address the question at any time. If the Court finds the abstract or Addendum to be deficient such that the Court cannot reach the merits of the case, or such as to cause an unreasonable or unjust delay in the disposition of the appeal, the Court will notify the appellant that he or she will be afforded an opportunity to cure any deficiencies, and has fifteen days within which to file a substituted abstract, Addendum, and brief, at his or her own expense, to conform to Rule 4-2(a)(5) and (8). Mere modifications of the original brief by the appellant, as by interlineation, will not be accepted by the Clerk. Upon the filing of such a substituted brief by the appellant, the appellee will be afforded an opportunity to revise or supplement the brief, at the expense of the appellant or the appellant’s counsel, as the Court may direct. If after the opportunity to cure the deficiencies, the appellant fails to file a complying abstract, Addendum and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the Rule.
Rule 4-2(b)(3) (2004).
In accordance with Rule 4-2 (b)(3), we hereby order Baker to submit a substituted brief that contains a revised Addendum that includes all documents necessary to an understanding of the issues presented to this court on appeal. After the substituted brief has been served on the appellee, the appellee may file a responsive brief in the time prescribed by the Supreme Court Clerk or may rely on the brief previously filed in this case. If Baker fails to file a complying addendum within fifteen days from the date of this opinion, the judgment may be affirmed for noncompliance with the Rule. See Unum Life Insurance Company of America v. Edwards, 361 Ark. 150, 205 S.W.3d 126 (2005).
Rebriefing ordered.
Glaze, J., dissents.