Opinion
No. CR 11-97
09-15-2011
BRUCE WADE PENNINGTON APPELLANT v. STATE OF ARKANSAS APPELLEE
MOTION TO FILE BELATED BRIEF
GRANTED.
PER CURIAM
Appellant Bruce Wade Pennington, by and through his counsel, Dana A. Reece, moves this court to file a belated brief. After an extension of time in which to file his brief was granted by this court, Pennington's brief was due on April 6, 2011. No brief was filed, and Pennington subsequently filed two motions to file belated brief. This court denied both motions without prejudice, however, due to Pennington's failure to tender a brief. On August 31, 2011, Pennington tendered his brief and filed the instant motion.
We will accept a criminal appellant's belated brief to prevent an appeal from being aborted. See Brewton v. State, 375 Ark. 364, 290 S.W.3d 605 (2009) (per curiam). However, good cause must be shown to grant the motion. See id.; see also Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief). While counsel Reece does not admit fault, her fault is clear from the record and constitutes good cause. See, e.g., Young v. State, 372 Ark. 219, 272 S.W.3d 109 (2008) (per curiam). Accordingly, we grant the instant motion and refer the matter to the Committee on Professional Conduct.
Motion granted.