Opinion
No. CR 92-839
Opinion delivered September 14, 1992
APPEAL ERROR — MOTION FOR RULE ON THE 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.
Motion for Rule on the Clerk; granted.
John R. Henry, for appellant.
No response.
James Odum, by his attorney, has filed a motion for a rule on the clerk.
His attorney, William C. McArthur, admits by motion and brief 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 In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.