Opinion
CR04-588
Opinion Delivered June 17, 2004
MOTIONS — BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by the attorney for a criminal defendant that the notice of appeal was not filed in a timely manner due to a mistake on his part is good cause to grant a motion for belated appeal.
Motion for Belated Appeal; granted.
Mazzanti Law Office Pllc, by: Joseph P. Mazzanti, III, for appellant.
No response.
Johnifer Rolston, by his attorney, Joseph P. Mazzanti, III, has filed a motion for belated appeal. His attorney admits that the notice of appeal was not filed in a timely manner due to a mistake on his part.
We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).
The motion for belated appeal is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.