Opinion
CR 94-1002
Opinion delivered November 14, 1994
Appeal error — motion for rule on the clerk — good cause for granting. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Louis A. Etoch, for appellant.
No response.
The appellant, Larry Franklin, has filed a motion for rule on the clerk. His attorney, Louis Etoch, admits that the record was tendered late due to a mistake on his part. We find that such admission of fault by an attorney in a criminal case is good cause to grant the motion. See Tarry v. State, 288 Ark. 172, 702 S.W.2d 904 (1986).
The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.