Spears v. State

The majority has permitted appellant’s attorney to make another attempt to provide us with an abstract that complies with the requirements of Ark. Sup. Ct. R. 4-2(a)(5). I respectfully dissent.

In our previous opinion in this case, we noted that appellant’s abstract was deficient and offered his attorney an opportunity to cure the deficiencies, as required by Ark. Sup. Ct. R. 4-2(b)(3). See Spears v. State, 82 Ark. App. 376, 109 S.W.3d 139 (2003). Appellant’s attorney failed to cure the deficiencies; specifically, the abstract fails to show that the issues raised on appeal were preserved by…