Cite as 2015 Ark. App. 474

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ARKANSAS COURT OF APPEALS

DIVISION I 

No. CR-14-990

EDWARD LOCKHART

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered September 16, 2015

APPEAL FROM THE SALINE

COUNTY CIRCUIT COURT

[NO.63CR-13-703-3]

HONORABLE GRISHAM PHILLIPS, 

JUDGE

REMANDED TO SETTLE AND 

SUPPLEMENT THE RECORD; 

REBRIEFING ORDERED

BRANDON J. HARRISON, Judge

 Edward Lockhart appeals his convictions for DWI Sixth Offense and Refusal to 

Submit to a Chemical Test. He argues that the circuit court erred in (1) denying his 

directed verdict motions, (2) refusing to suppress evidence obtained in an unlawful traffic 

stop, (3) denying his posttrial motions, (4) denying his motion to dismiss for lack of 

jurisdiction, and (5) allowing evidence of prior convictions. We remand for the record to 

be settled and supplemented; and we also order rebriefing. 

The sufficiency of the evidence is an issue in this appeal. During the trial, the jury 

viewed audio and video footage of the police stopping Lockhart’s car and conducting 

field-sobriety tests. The court admitted this footage as State’s Exhibit No. 2. Lockhart 

also made recorded statements to a police officer at the Bryant Police Department after he 
Cite as 2015 Ark. App. 474 

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was arrested, allegedly without the benefit of Miranda warnings. A video recording of this 

interaction was admitted as State’s Exhibit 5. State’s Exhibits 2 and 5 were played for the 

jury at trial over Lockhart’s objections. The record, however, contains no transcript of

what was said during the videos although there is an audio component to them. One 

digital copy (a DVD) of each of the videos was attached to the record, but no DVDs were 

included in Lockhart’s addendum. 

 We must remand for the circuit court to supply us with a transcript of the 

statements made on the videos. Unless waived on the record by the parties, Arkansas 

Supreme Court Administrative Order No. 4(a) requires circuit courts to create a verbatim 

record of all proceedings pertaining to any contested matter before the court or the jury. 

Here, there is no indication that the parties waived the making of an official transcription 

of these recorded statements. We therefore remand this case so the circuit court can 

require that verbatim transcriptions be made of the recordings played at trial. The appeal 

record must then be supplemented with the transcriptions within thirty days of this 

opinion. See Patton v. State, 2013 Ark. App. 131. 

 There is a second reason to remand. Although the jury convicted Lockhart for 

refusing the breathalyzer test, it apparently did not sentence Lockhart on that charge. 

The sentencing order is silent on that count, and the record has no second-stage juryverdict form showing that the jury recommended a sentence. On remand, the circuit 

court needs to clarify its sentencing order and settle the record on this point. 

Regarding the briefing, there are addendum and abstract problems. Lockhart’s 

addendum is missing copies of all of the prior convictions upon which the State based its 
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prosecution for DWI Sixth Offense. Nor does it include the DVDs that we mentioned 

earlier. The abstract issue relates to Lockhart’s argument that the court erred in denying 

his posttrial motions. Lockhart did not abstract the posttrial hearing where the circuit 

court considered these motions, and he should have done so. We encourage Lockhart to 

review our rules before filing his substituted abstract, brief, and addendum and to cure any 

other deficiencies or inaccuracies. 

We direct Lockhart to file a substituted abstract, brief, and addendum that supplies 

the needed material within fifteen days after the trial record is settled and the supplemental 

record is filed. 

Remanded to settle and supplement the record; rebriefing ordered. 

ABRAMSON and BROWN, JJ., agree. 

Jones Law Firm, by: F. Parker Jones III, for appellant. 

Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.