Opinion
No. CR 01-604
June 14, 2001
Appeal error — motion for rule on clerk — good cause for granting. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk. [cme]
MOTION FOR RULE ON THE CLERK; GRANTED.
Lynn F. Plemmons, for appellant.
No response.
Appellant, Ronald J. Dworshak, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Lynn F. Plemmons, admits in his motion that the record was tendered late due to a mistake on his part.
[1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) ( per curiam).
The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.