Opinion
Opinion delivered November 9, 1981
APPEAL ERROR — LATE TENDER OF RECORD ON APPEAL — GOOD CAUSE FOR GRANTING MOTION FOR RULE ON THE CLERK. — Where an attorney for a criminal defendant admits that the record was tendered late due to a mistake on his part, this is good cause to grant the motion for rule on the clerk.
Motion for Rule on the Clerk; motion granted.
Don A. Eilbott, for appellant.
Steve Clark, Att'y. Gen., for appellee.
Appellant, Bradford Lee Cooley, by his attorney has filed for a rule on the clerk.
His attorney, Don A. Eilbott, admits that the record was tendered late due to a mistake on his part.
We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.