ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

February 26, 2004

WILLIE BANKS, JR

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-160

APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, CR 98-2361, HONORABLE MARION A. HUMPHREY, JUDGE

REBRIEFING ORDERED

Per Curiam

Appellant was convicted of rape and sentenced to forty years' imprisonment. The Arkansas Court of Appeals affirmed. Banks v. State, CA CR 00-805 (Ark. App. Dec. 5, 2001). Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, alleging ineffective assistance of counsel. The trial court denied relief, and from that order comes this appeal.

We cannot reach the merits of appellant's claims because he has failed to include an 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, 806 (1998). Absent this material information, we cannot evaluate appellant's claims of ineffective assistance 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). 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.