Opinion
CR 94-1446
Opinion delivered July 17, 1995
APPEAL ERROR — SUPREME COURT ERRED IN DISMISSING APPEAL — APPEAL ORDERED REINSTATED. — Where the supreme court had dismissed appellant's appeal on the basis that his notice of appeal was ineffective but had previously granted his motion for rule on the clerk, the court erred in dismissing the appeal and directed the Clerk of the Supreme Court to reinstate the appeal.
Appeal reinstated.
Ralph M. Cloar, for appellant.
No response.
Appellant Douglas James Clayton petitions for rehearing on the basis that this court erred in dismissing his appeal on the basis that his notice of appeal was ineffective. See Clayton v. State, 321 Ark. 217, 900 S.W.2d 537 (1995)). According to Clayton, we previously granted his motion for rule on the clerk, permitting him to lodge his transcript. See Clayton v. State, 319 Ark. 291, 890 S.W.2d 602 (1995) (Clayton I). We agree that we erred in dismissing the appeal, and we direct the Clerk of the Supreme Court to reinstate the appeal.