ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
October 2, 2003

JOHNNY PAUL DODSON

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 02-1221

APPEAL FROM THE CIRCUIT COURT OF MONROE COUNTY, CR 95-172, HONORABLE L.T. SIMES II, JUDGE

REBRIEFING ORDERED

Per Curiam

Appellant was convicted of possession of methamphetamine with intent to deliver and possession of marijuana and sentenced to twenty-five years' imprisonment. We affirmed on appeal. See Dodson v. State, 341 Ark. 41, 14 S.W.3d 489 (2000). Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, which was denied. From that order comes this appeal.

Appellant raises fourteen points on appeal, including claims of ineffective assistance of counsel. However, we cannot reach the merits of appellant's claims because he has failed to include a proper abstract of his trial 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). When looking at a claim of ineffective assistance, we must consider the totality of the evidence before the factfinder. Noel v. State, 342Ark. 35, 38, 26 S.W.3d 123, 125 (2000). Appellant's abstract consists of photocopies of various pages from the trial transcript, with large sections of trial testimony omitted. Without a proper abstract of appellant's trial, we cannot evaluate his claims according to the "cause and prejudice" test in Strickland v. Washington, 466 U.S. 668 (1984). 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). See 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 comply, the judgment or decree may be affirmed for noncompliance with the Rule. Id.

Rebriefing Ordered.

Thornton, J., not participating.