Opinion
No. CR 00-1300
Opinion Delivered December 7, 2000
Appeal error — motion for rule on 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. [cme]
Motion for Rule on the Clerk; granted.
S. Butler Bernard, Jr., for appellant.
No response.
Appellant Quabina Rasheen Penson, by and through his attorney, has filed a motion for rule on clerk. His attorney, S. Butler Bernard, Jr., states in the motion that the record was tendered late due to a mistake on his part.
We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.