Opinion
CR 97-1003
Opinion delivered September 25, 1997
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.
Alvin D. Clay, for appellant.
No response.
The appellant's attorney, Alvin D. Clay, has filed a motion styled, "Motion for a Rule on the Clerk." The attorney, Alvin D. Clay, admits that the notice of appeal was untimely filed due to negligence on his part.
[1] We find that such an error admittedly made by the attorney for a criminal defendant, is good cause to treat this motion as one for belated appeal and grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct.