ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

CACR 00-643

September 26, 2001

MICHAEL LAMONT THOMAS APPEAL FROM PULASKI COUNTY

APPELLANT CIRCUIT COURT

VS.

HONORABLE JOHN PLEGGE,

CIRCUIT JUDGE

STATE OF ARKANSAS

APPELLEE MOTION TO SUPPLEMENT THE

RECORD GRANTED; REBRIEFING ORDERED

Appellate's counsel filed a no-merit brief in this case. Counsel had designated the entire record as the record on appeal, excluding voir dire and the opening and closing arguments "except for objections during same." In an unpublished opinion, relying on Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001), we directed that the record be supplemented to include the entire record.

Counsel then filed a petition for rehearing arguing, in essence, that we could rely on the court reporter in this regard. We denied the petition for rehearing for the reasons stated in Campbell v. State, 74 Ark. App. ____, ____ S.W.3d ____, supp. op. denial of reh'g (August 29, 2001).

Counsel has now filed a motion to supplement the record on appeal and has tendered the balance of the record. We grant the motion.

Counsel also asks that we not require a "supplemental brief," because all of the rulings adverse to the appellant in the voir dire and opening and closing arguments were included in his initial brief. However, our review of the supplemental record shows that trial counsel challenged a prospective juror, Ms. Patterson, for cause and that the trial judge declined to excuse the juror. This adverse ruling was not discussed in counsel's initial brief. Leave is granted to file a substituted brief and abstract within thirty days.