NOT DESIGNATED FOR PUBLICATION

ARKANSAS COURT OF APPEALS

OLLY NEAL, JUDGE

DIVISION IV

CACR00-1466

JANUARY 23, 2002

JAMES DEAN ODOM AN APPEAL FROM THE SALINE

APPELLANT COUNTY CIRCUIT COURT v. [CR99-240-2]

STATE OF ARKANSAS HONORABLE GARY M. ARNOLD, APPELLEE CIRCUIT JUDGE

SUPPLEMENTATION OF THE TRANSCRIPT ORDERED

After administering a search and seizure warrant, the Benton Police Department recovered approximately 47.95 pounds of marijuana, 557 growing marijuana plants, 1000 marijuana seeds, two pipes, eight hemostats, scales, four rifles, two shotguns, and two pistols from appellant's home. Appellant was charged with possession of a controlled substance with intent to deliver, manufacture of a controlled substance, simultaneous possession of drugs and firearms, possession of drug paraphernalia, being a felon in possession of a firearm, and maintaining a drug premises. He was subsequently convicted by a jury on all but the maintaining a drug premises charge and sentenced to 360 months in the Arkansas Department of Correction and fined $10,000 and $150 court costs.

Pursuant to Anders v. California, 386 U.S. 738 (1967) and Rule 4-3(j) of the Rulesof the Arkansas Supreme Court and Court of Appeals, appellant's present counsel has filed a motion to withdraw on the grounds that the appeal is without merit. Appellant was furnished a copy of his counsel's brief and was given the opportunity to file pro se points for reversal. Appellant has not exercised his right to raise points for reversal pursuant to Ark. Sup. Ct. R. 4-3(j)(2) (2001).

Counsel's motion was accompanied by a brief referring to everything in the record that might arguably support an appeal, together with an explanation of objections made by appellant and ruled on by the trial court, a record of motions and requests made by appellant and denied by the court, and a statement of reasons as to why counsel considers there to be nothing in the record that will support an appeal.

For the reason explained below, we must return this case to appellant's counsel to supplement the transcript.

Although the notice of appeal designates the entire record, appellant's counsel has failed to include in the transcript voir dire, opening statements, and closing arguments. Rule 4-3(j) of the Rules of the Arkansas Supreme Court and Court of Appeals requires that we review the entire record for potential error in order to determine whether the appeal is wholly without merit. McCoy v. State, 74 Ark. App. 414, 49 S.W.3d 154 (2001)(citing Campbell v. State, 74 Ark. App.277, 47 S.W.3d 915 (2001)). Therefore, in the absence of the entire record, we must remand the case with directions to appellant's counsel to supplement the transcript to include those parts originally omitted, and if necessary, to file a substituted brief that addresses any objections contained therein.