ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN E. JENNINGS, JUDGE

DIVISION IV

CACR 00-643

July 5, 2001

MICHAEL LAMONT THOMAS APPEAL FROM PULASKI COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE JOHN PLEGGE,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE REMANDED TO SUPPLEMENT RECORD

Michael Lamont Thomas was found guilty in Pulaski County Circuit Court of rape, a Class Y felony. He was sentenced, as a habitual offender, to a term of forty years imprisonment. Counsel has now filed a "no-merit" brief on appeal.

We conclude that the disposition of this case is governed by our recent decision in Calvin LaShawn Campbell v. State, ____ Ark. ____, ____ S.W.3d ____ (op. Del. June 27, 2001). Here, as in Campbell, appellant's counsel's designation of the record on appealexcluded voir dire and opening and closing argument, "except for objections during same." In Campbell we held we could not discharge our constitutional obligation under Anders v. California, 386 U.S. 738 (1967), without the entire record on appeal. As we said in Campbell, we are unable to conduct "a full examination of all the proceedings to decide whether the case is wholly frivolous" as required by Anders without the complete record before us. See also, Smith v. Robbins, 528 U.S. 259 (2000); McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429 (1988); Penson v. Ohio, 488 U.S. 75 (1988).

As we did in Campbell, we direct that the record be supple mented with the proceedings originally omitted. Counsel is granted leave to file a substituted brief and abstract should he deem that necessary under Rule 4-3(j) of the Arkansas Rules of the Supreme Court and Anders v. California, supra.

Remanded to supplement record.

Stroud, C.J., and Pittman, J., agree.