Cite as 2017 Ark. App. 130
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-16-856
OLIVER W. HART III Opinion Delivered: March 8, 2017
APPELLANT
APPEAL FROM THE MILLER
V. COUNTY CIRCUIT COURT
[NOS. 46CR-02-570; 46CR-02-162;
46CR-03-627]
STATE OF ARKANSAS
APPELLEE HONORABLE KIRK JOHNSON,
JUDGE
REMANDED FOR CORRECTION
AND SUPPLEMENTATION OF
RECORD; REBRIEFING ORDERED
RITA W. GRUBER, Chief Judge
Appellant Oliver Hart pleaded guilty on April 7, 2009, in three separate cases, all of
which involved manufacturing, delivering, or possessing a controlled substance and
possession of drug paraphernalia. He was placed on probation for a period of ten years in
each case and ordered to make payments to Miller County for fines, costs, and fees. In
September and October 2014, the State filed petitions for revocation in Miller County on
all three cases, alleging that appellant had committed another drug offense and had failed to
pay his fines, fees, and costs. The State filed an amended petition in all three cases on April
7, 2016, realleging the original allegations and adding that appellant had failed to abstain from
the use of alcoholic beverages or had manufactured, possessed, used, sold, or distributed a
controlled substance or paraphernalia. On July 19, 2016, the circuit court entered orders
Cite as 2017 Ark. App. 130
revoking appellant’s probation in all three cases, finding that he had violated all three
conditions alleged.
Appellant brings two points on appeal. First, he contends that the circuit court erred
in denying his motion to dismiss the revocation petition for failure to provide him a
preliminary hearing. Second, he argues that the evidence was insufficient to revoke on any
of the three alleged violations. We remand to the circuit court to settle and supplement the
record, and we order rebriefing after the record has been settled.
Arkansas Supreme Court Rule 4-2(a)(8) requires that the addendum to appellant’s brief
include all documents that are essential for the appellate court to understand the case and to
decide the issues on appeal. Appellant’s addendum does not contain his written conditions of
probation, which is essential to our review of this case and his argument that the trial court
erred in finding that his conditions were violated. See Reyes v. State, 2012 Ark. App. 125.
Moreover, appellant’s written conditions of probation are not contained in our record. If
anything material to either party is omitted from the record by error or accident, we may
direct that the omission be corrected and, if necessary, that a supplemental record be certified
and transmitted. Ark. R. App. P.–Civ. 6(e) (made applicable to criminal cases by Ark. R.
App. P.–Crim. 4(a)); Baney v. State, 2016 Ark. App. 405.
In addition, the three sentencing orders all incorrectly indicate that appellant
voluntarily, intelligently, and knowingly entered a negotiated plea of guilty, rather than
stating that appellant was found guilty by the court and sentenced by the court.
Accordingly, we remand to the circuit court to settle and supplement the record within
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Cite as 2017 Ark. App. 130
thirty days. We also direct the circuit court to correct the sentencing orders in all three cases.
Upon correction and supplementation of the record, appellant shall have fifteen days in which
to file a substituted abstract, addendum, and brief. See Ark. Sup. Ct. R. 4-2(b)(3). The State
may revise or supplement its brief within fifteen days of the filing of appellant’s brief or may
rely on its previously filed brief.
Remanded for correction and supplementation of record; rebriefing ordered.
KLAPPENBACH and GLOVER, JJ., agree.
Phillip A. McGough, P.A., by: Phillip A. McGough, for appellant.
Leslie Rutledge, Att’y Gen., by: Ashley Priest, Ass’t Att’y Gen., for appellee.
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