ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 14, 2002

KELLEY CHRISTOPHER

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 01-445

AN APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY,

NO. CR 97-1751

HONORABLE MARION HUMPHREY,

CIRCUIT JUDGE

REBRIEFING ORDERED

Appellant, Kelley Christopher, was convicted by a jury of capital murder and sentenced to life imprisonment without the possibility of parole. We affirmed his conviction and sentence in Christopher v. State, 340 Ark. 404, 10 S.W.3d 852 (2000). Subsequently, appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37. After a hearing, the circuit court denied appellant's petition. On appeal from the circuit court's order, appellant argues that counsel was ineffective for failing to renew the motion for directed verdict at the close of all the evidence. Counsel for appellant has failed to abstract the trial which gives rise to his claim in this appeal. Therefore, we order counsel to refile his brief within thirty days in compliance with Ark. Sup. Ct. R. 4-2(a)(5).

When this court is presented with a deficient abstract, we may summarily affirm the judgment for noncompliance with our rule. See Ark. Sup. Ct. R. 4-2(b)(3). Where such a disposition would be unduly harsh, however, this court also has the option to order appellant'scounsel to revise the brief at his own expense. Id. We believe that summarily affirming for a deficient abstract in the present case would be an unduly harsh result, particularly in light of Ark. Sup. Ct. R. 4-3(h) by which we are required to review all errors prejudicial to the appellant.

Rebriefing ordered.