ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

JUNE 27, 2002

KEYONO COOK

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 02-140

AN APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY,

NO. CR 99-2018

HONORABLE JOHN W. LANGSTON,

CIRCUIT JUDGE

REBRIEFING ORDERED

Appellant, Keyono Cook, was convicted of capital felony murder, aggravated robbery, and theft of property. The jury sentenced him to life imprisonment without parole plus twenty-seven years in the Arkansas Department of Correction. We affirmed appellant's conviction and sentence in Cook v. State, 345 Ark. 264, 45 S.W.3d 820 (2001). Subsequently, appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37. The circuit court denied appellant's petition without a hearing. 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 several of his arguments on appeal, appellant makes references to matters that concerned his trial. However, appellant has not abstracted any of these materials nor his trial to demonstrate how he was prejudiced.

Prior to this court's modification of Ark. Sup. Ct. R. 4-2, appellant's claims would not havebeen considered because of his deficient abstract. However, under the modified rule, cases in which the 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.