A.D. v. State , 2014 Ark. App. 608 ( 2014 )

Cite as 2014 Ark. App. 608
ARKANSAS COURT OF APPEALS
DIVISION II
No. CR-14-420
Opinion Delivered November 5, 2014
A.D. APPEAL FROM THE BENTON
APPELLANT COUNTY CIRCUIT COURT
[NO. J-2013-624-D]
V.
HONORABLE THOMAS E. SMITH,
STATE OF ARKANSAS JUDGE
APPELLEE
SUPPLEMENTAL ADDENDUM
ORDERED
BRANDON J. HARRISON, Judge
Fifteen-year-old A.D. appeals the Benton County Circuit Court’s order that
adjudicated him delinquent. On appeal, he argues that the evidence was insufficient to
support the court’s ruling. We are unable to address A.D.’s argument at this time and
order supplementation of the addendum.
In an amended delinquency petition filed 22 January 2014, A.D. was charged as an
accomplice to theft of property, a Class A misdemeanor. The State alleged that A.D.
aided two other juveniles in shoplifting from Gordman’s. At the adjudication hearing, a
DVD of the store surveillance footage from the day of the alleged theft was introduced as
a stipulated exhibit. The court viewed and relied in part on this store surveillance footage
in adjudicating A.D. delinquent.
In A.D.’s appellate brief, stipulated exhibit #1, which was the DVD of the store
surveillance, is listed in the addendum’s table of contents but not included in the
Cite as 2014 Ark. App. 608
addendum. Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) (2013) requires the addendum
to include all items that are essential for the appellate court to understand the case and to
decide the issues on appeal, including exhibits such as CDs and DVDs. Therefore, we
order A.D. to file a supplemental addendum within seven calendar days from the date of
our opinion. See Ark. Sup. Ct. R. 4-2(b)(4).
Supplemental addendum ordered.
WALMSLEY and GRUBER, JJ., agree.
Flinn Law Firm, P.A., by: Jennifer Williams Flinn, for appellant.
Dustin McDaniel, Att’y Gen., by: Brad Newman, Ass’t Att’y Gen., for appellee.