Opinion
CR 01-616
Opinion Delivered October 25, 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.
Q. Byrum Hurst, Jr., for appellant.
No response.
Appellant Jacinto Henderson, by and through his attorney, has filed a motion for rule on clerk. Appellant's attorney, Q. Byrum Hurst, Jr., 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. Jones v. State, 338 Ark. 29, 992 S.W.2d 85 (1999) ( per curiam) (citing Terry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986) ( per curiam)).
The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) ( per curiam).