NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

JOHN E. JENNINGS, JUDGE

DIVISION II

CACR 00-429

February 7, 2001

BENJAMIN WILLIAMS JR. APPEAL FROM PULASKI COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE JOHN W. LANGSTON,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE REBRIEFING ORDERED

A jury found Benjamin Williams, Jr. guilty of first-degree murder in the shooting death of Tommy Garrison, and he was sentenced to serve thirty years in prison. Pursuant to Anders v. California, 386 U.S. 738 (1967), appellant's attorney has filed a motion to withdraw and a brief stating that there is no merit to the appeal. We find that the no-merit brief does not comply with the requirements of Anders and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals. Accordingly, we order rebriefing.

Although counsel included a number of the adverse rulings in his brief, including the most significant rulings, Rule 4-3(j) requires that the brief and abstract shall contain all rulings adverse to a defendant made by the trial court on all objections, motions and requests made by either party. From our examination of the record, we see that counsel has failed to include at least six other adverse rulings. For instance, the State's motion for a continuance was apparently granted; there was a relevancy objection made during the State's direct examination of Gerald Johnson; there was an objection raised during closing arguments; and the court admonished appellant during the sentencing phase. There are at least two other adverse rulings that must be included in counsel's no merit brief. Because counsel's brief does not substantially comply with the rule, counsel is directed to file a substituted brief and abstract.

Rebriefing ordered.

Pittman and Neal, JJ., agree.