ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 6, 2002

JACINTO HENDERSON

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 01-616

AN APPEAL FROM THE CIRCUIT COURT OF CRAIGHEAD COUNTY,

NO. CR-97-61

HONORABLE SAMUEL TURNER,

CIRCUIT JUDGE

REBRIEFING ORDERED

Appellant was convicted of capital murder and sentenced to life imprisonment without the possibility of parole. We affirmed appellant's conviction and sentence in Henderson v. State, 335 Ark. 346, 980 S.W.2d 266 (1998). 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. This appeal followed.

Appellant has failed to adequately abstract the record for us to conduct a meaningful review of appellant's issues on appeal. In support of his arguments on appeal, appellant makes references to a criminal history of the deceased, expert testimony that shows appellant's emotional problems, and to the totality of the evidence before the jury. However, appellant has not abstracted any of these materials to demonstrate how he was prejudiced.

Prior to this court's modification of Ark. Sup. Ct. R. 4-2, appellant's claims would not have been considered because of his deficient abstract. However, under the modified rule, cases in whichthe record is lodged in the Arkansas Supreme Court or Arkansas Court of Appeals on or after September 1, 2001, will no longer be affirmed because of the insufficiency of the abstract without the appellant first having the opportunity to cure the deficiencies. See In re: Modification of the Abstracting System -- Amendments to Supreme Court Rules 2-3, 4-2, 4-3, 4-4, 345 Ark. Appx. __, __ S.W.3d __ (2001) (per curiam). Therefore, appellant has fifteen days from the date of this opinion to file a substituted abstract, Addendum, and brief to conform to Rule 4-2(a)(5) and (7). See In re: Modification of the Abstracting System, supra; Ark. Sup. Ct. R. 4-2(b)(3). Mere modifications of the original brief will not be accepted. Id. According to Rule 4-2(b)(3), if appellant fails to file a complying abstract, Addendum and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the Rule.

Rebriefing Ordered.