Opinion
Opinion delivered October 14, 1985
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — SUFFICIENT CAUSE FOR GRANTING. — Where an attorney for a criminal defendant admits that the record was tendered late due to a miscalculation on his part, this is good cause for granting a motion for rule on the clerk.
Motion for Rule on the Clerk; motion granted.
Neil Pennick, for petitioner.
Steve Clark, Att'y Gen., by: Theodore Holder, Asst. Att'y Gen., for respondent.
Petitioner, Willard Robbins, by his attorney, Neil V. Pennick, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to his miscalculation of the seven-month maximum limit for filing the record in this Court. See Rule 5, Ark. R. App. P., Ark. Stat. Ann., Vol. 3A (Repl. 1979).
We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981).
A copy of this opinion will be forwarded to the Committee on Professional Conduct.
PURTLE, J., not participating.