Jones v. State

Full title: Tommy Wayne JONES v. STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Jun 5, 2003

111 S.W.3d 854 (Ark. 2003)

111 S.W.3d 854

Opinion

CR 03-401

Opinion delivered June 5, 2003

APPEAL ERROR — MOTION FOR BELATED APPEAL — 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 belated appeal.

Motion for Belated Appeal; granted.

Larry R. Froelich, for appellant.

No response.

PER CURIAM.

Appellant Tommy Wayne Jones, by and through his attorney Larry R. Froelich, has filed a motion to reconsider our per curiam order of May 1, 2003, which we deny. See Jones v. State, 353 Ark. 121, 111 S.W.3d 853 ( per curiam).

In his alternative motion for belated appeal, Mr. Froelich states that the record was tendered late due to a mistake on his part and accepts full responsibility.

[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.

CORBIN, J., not participating.