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Pafford v. State
Citation: 2017 Ark. App. 281Docket: CR-16-568
Court: Court of Appeals of Arkansas; May 3, 2017; Arkansas; State Appellate Court
Original Court Document: View Document
James Pafford was convicted by a Hempstead County jury of two counts of rape and two counts of sexual assault in the second degree, resulting in a total sentence of fifty years in the Arkansas Department of Correction (ADC). He received twenty-five years for each rape conviction to be served consecutively and five years for each sexual assault conviction to run concurrently with the rape sentences. Pafford filed a timely motion for a new trial, which was denied by the circuit court. Pafford appealed the denial, raising four points for reversal that hinge on his motion for a new trial. The Arkansas Court of Appeals could not address the merits of his arguments due to deficiencies in the record and the appellant's addendum, specifically the absence of pages fourteen through eighteen of the motion and brief supporting the new trial request. Arkansas Supreme Court Rule 4-2(a)(8) mandates that an appellant’s brief should include all essential documents for the court's resolution of the appeal. Consequently, the court remanded the case to the circuit court to correct the record by supplying the missing documents within thirty days. Pafford is required to file a substituted abstract, addendum, and brief within fifteen days of the supplemental record being lodged. The State has fifteen days thereafter to revise or supplement its responsive brief or rely on the previously filed brief. The option for oral argument remains available for the parties. Counsel is advised to check for any additional deficiencies in compliance with relevant rules.