ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

FEBRUARY 13, 2003

JERALD M. CHARTON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-60

APPEAL FROM THE CIRCUIT COURT OF CONWAY COUNTY, CR 99-73, HONORABLE PAUL EDWARD DANIELSON, JUDGE

REBRIEFING ORDERED

In 2000, Jerald Charton was found guilty by a jury of possession of marijuana with intent to deliver and possession of drug paraphernalia. He was also convicted of driving with a suspended sentence, a misdemeanor. An aggregate sentence of twenty years' imprisonment was imposed. The court of appeals affirmed. Charton v. State, CACR 00-1229 (Ark. App. May 30, 2001)(unpublished). Appellant then filed a petition for postconviction relief pursuant to Ark. R. Cr. P. 37. The circuit court denied the petition without holding an evidentiary hearing. Appellant now contends that the circuit court erred in doing so.

Appellant contends on appeal that the circuit court erred in rejecting his claims of ineffective assistance of trial counsel. He also asserts that the circuit court was without jurisdiction over the charge of possession of marijuana with intent to deliver. We cannot reach the merits of appellant's claims because he has failed to include an abstract of his trial in his brief as required by Ark. Sup. Ct. R. 4-2(a)(5) (2002). See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998). Absent this material information, we cannot evaluate appellant's claims according to the "cause and prejudice" test in Strickland. Id. 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). Campbell v. State, 349 Ark. 111, 112, 76 S.W.3d 271, 272 (2002). 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. Id.

Rebriefing Ordered.

Imber, J., not participating.