ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 18, 2003

KEITH ALLEN KING

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-645

APPEAL FROM THE CIRCUIT COURT OF SEBASTIAN COUNTY, CR 2000-104 to 108, HONORABLE JAMES ROBERT MARSCHEWSKI, JUDGE

REBRIEFING ORDERED

Per Curiam

Appellant was convicted of six counts of commercial burglary and sentenced to an aggregate term of thirty-six years' imprisonment. The court of appeals affirmed. King v. State, 75 Ark. App. 405, 58 S.W.3d 875 (2001). Appellant then filed a petition for postconviction relief pursuant to Ark. R. Cr. P. 37. The circuit court held a hearing and subsequently denied relief. Appellant now contends that the circuit court erred in doing so.

Appellant contends that trial counsel was ineffective in arguing his motion to suppress his confession at trial and on appeal. We cannot reach the merits of appellant's claim because he has failed to include in his brief an abstract of the material portions of his suppression hearing and trial as required by Ark. Sup. Ct. R. 4-2(a)(5) (2002). Without an abstract of the proceedings, we cannot address appellant's claim according to the "cause and prejudice" test in Strickland v. Washington, 466 U.S. 668 (1984). See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998). Therefore, appellant has fifteen days from the date of this opinion to file a substituted abstract and brief to conform to Rule 4-2(a)(5). 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.

Thornton, J., not participating.