The opinion
Cite as 2025 Ark. App. 52
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-24-186
OWEN WATSON Opinion Delivered January 29, 2025
APPELLANT
APPEAL FROM THE CRITTENDEN
COUNTY CIRCUIT COURT
V. [NO. 18CR-22-338]
STATE OF ARKANSAS HONORABLE RANDY F. PHILHOURS,
APPELLEE JUDGE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD
WAYMOND M. BROWN, Judge
Owen Watson brings this interlocutory appeal from an order of the Crittenden
County Circuit Court denying his motion to dismiss charges against him for rape and
second-degree sexual assault. On appeal, appellant argues that the circuit court erred in
denying his motion because a retrial of the charges is barred by double jeopardy. We remand
to settle and supplement the record.
Appellant faced the above-mentioned criminal charges as well as a revocation
proceeding during the same trial held on February 27–28, 2023. While a mistrial was
declared in the criminal case, the revocation proceeded and resulted in appellant’s probation
being revoked. Appellant filed a motion to dismiss his criminal charges on double-jeopardy
grounds on April 17. The State filed a response on April 28. The circuit court held a hearing
on appellant’s motion on February 12, 2024. It filed an order denying appellant’s motion
on February 15. Appellant filed a notice of interlocutory appeal.
In his notice, appellant designated the transcript from the February 2023 trial as part
of his record on appeal. However, that transcript was not included in the record submitted
with appellant’s appeal. To make things complicated, appellant has consistently cited to
pages in the missing record in his argument. Our rules require that “[r]eference in the
argument portion” of the appellant’s brief “to material found in the appellate record shall
be followed by a reference to the page number of the appellate record” where that
information can be found.1 The rules also state that if anything material to either party is
omitted from the record by error or accident, we may direct that the omission be corrected
and, if necessary, that a supplemental record by certified and transmitted.2 Because the
February 2023 transcript is not included with appellant’s record on appeal, we remand to
settle and supplement the record. Appellant has thirty days from the date of this opinion to
file a supplemental record with this court.
Remanded to settle and supplement the record.
TUCKER and WOOD, JJ., agree.
Sharon Kiel, for appellant.
Tim Griffin, Att’y Gen., by: Brooke Jackson Gasaway, Ass’t Att’y Gen., for appellee.
1
See Ark. Sup. Ct. R. 4-2(a)(7).
2
Ark. R. App. P–Civ. 6(e) (made applicable to criminal cases by Ark. R. App. P.–Crim
4(a)).
2