ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN F. STROUD, JR., CHIEF JUDGE

DIVISION IV

WILLIE BANKS, JR.

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

CACR 00-805

July 5, 2001

APPEAL FROM THE PULASKI

COUNTY CIRCUIT COURT, FIRST DIVISION [CR98-2361]

HONORABLE MARION

HUMPHREY, CIRCUIT JUDGE

REMANDED TO SUPPLEMENT

RECORD

Appellant, Willie Banks, Jr., was tried by a jury and found guilty of the offense of rape. It was his second violent offense and he was sentenced to forty years' imprisonment in the Arkansas Department of Correction. Pursuant to Anders v. California, 386 U.S. 738 (1967), and Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals, appellant's counsel has filed a motion to withdraw on the grounds that the appeal is without merit. The motion was accompanied by a brief purportedly discussing all matters in the record that might arguably support an appeal, including the adverse rulings, and a statement as to why counsel considers each point raised as incapable of supporting a meritorious appeal. Appellant was provided with a copy of his counsel's brief and notified of his right to file a list of points on appeal within thirty days. He has responded by filing a list of pro se points

with this court. Appellant's Notice of Appeal designates the entire record "but excluding voir dire and opening and closing arguments, except for objections during same . . . ." In light of two of the points raised by appellant, which concern jury selection and closing arguments, we find it necessary to return this case to appellant's counsel for supplementation of the record.

In Anders v. California, 386 U.S. 738, 744 (1967), the Supreme Court explained:

[Counsel's] role as advocate requires that he support his client's appeal to the best of his ability. Of course, if counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel's brief should be furnished the indigent and time allowed him to raise any points that he chooses; the court - - not counsel - - then proceeds, after a full examination of all the proceedings to decide whether the case is wholly frivolous. If it so finds it may grant counsel's request to withdraw and dismiss the appeal insofar as federal requirements are concerned, or proceed to a decision on the merits, if state law so requires. On the other hand, if it finds any of the legal points arguable on their merits (and therefore not frivolous) it must, prior to decision, afford the indigent the assistance of counsel to argue the appeal.

(Emphasis added.) We cannot conduct our "full examination of all the proceedings to decide whether the case is wholly frivolous" if we do not have the complete record before us on appeal. See Campbell v. State, ___Ark. App.___, ___S.W.3d___(June 27, 2001). Consequently, we return this case to appellant's counsel to supplement the record on appeal to include the entire record and, if appropriate, to address the points raised by appellant concerning jury selection and prosecutorial comments made in closing arguments.

Remanded to supplement record.

Pittman and Jennings, JJ., agree.