Opinion
CR 01-1131
Opinion delivered February 10, 2003
APPEAL ERROR — VERDICT FORMS NOT INCLUDED IN RECORD — SUPPLEMENTATION OF RECORD ORDERED. — In a capital murder case in which the death penalty was imposed, where the verdict forms were specifically discussed by the trial judge during trial and were referenced in the trial court's order denying appellant's motion for a new trial, but the forms were not included in the record, the supreme court ordered that the record on appeal be supplemented under Ark. R. App. P. — Civ. 6(e) (2000) to include Verdict Forms 1, 2, 3, and 4 from the sentencing phase of appellant's trial.
Appeal from Chicot Circuit Court; Sam Pope, Judge; Writ of Certiorari ordered.
Thomas Deen, for appellant.
Perroni James Law Firm, by: Samuel A. Perroni and Arnold Davis, for appellee.
Appellant was convicted of capital murder and sentenced to death by lethal injection. Among his points of error is a claim that the jury failed to consider mitigating circumstances in the sentencing phase of his trial in violation of Ark. Code Ann. § 5-4-603 (Repl. 1997). The verdict forms identified as Forms 1 through 4 (presumably as specified under AMCI 2d 1008) were specifically discussed by the trial judge during the trial and are referenced in the trial court's order denying appellant's motion for a new trial. Those forms, however, are not included in the record presented to this court. At oral argument, counsel for the appellant and for the State represented to this court that they have been unable to locate the forms.
[1, 2] Ordinarily we would leave it to the parties to move that the record on appeal be supplemented under Ark. R. App. P. — Civ. 6(e) (2000), which the appellant has not done. However, inasmuch as this is a capital murder case in which the death penalty was imposed, we order that the record on appeal be supplemented to include Verdict Forms 1, 2, 3, and 4 from the sentencing phase of appellant's trial within fifteen days hereof. See Ark. R. App. P. — Civ. 6(e) (2000); Snell v. State, 290 Ark. 184, 717 S.W.2d 818 (1986); Snell v. State, 290 Ark. 503, 721 S.W.2d 628 (1986).