Opinion
Opinion delivered January 10, 1983
APPEAL ERROR — GOOD CAUSE FOR MOTION FOR RULE ON THE CLERK. — In a criminal case, where the appellant's attorney admits that the late filing of the record was due to a mistake on his part, the error is good cause to grant the motion for rule on the clerk.
Motion for Rule on the Clerk; motion granted.
Guthrie, Burbank Dodson, by: David F. Guthrie, for appellant.
Steve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee.
James Clemons was convicted and sentenced to a term of ten years for being an accomplice to aggravated robbery. His attorney, David F. Guthrie, gave a notice of appeal but did not file the record within the period allowed. His attorney has admitted that the late filing of the record was a mistake on his part. The error is good cause to grant the motion for a rule on the Clerk. A copy of this opinion will be forwarded to the Committee on Professional Conduct.