Opinion
CR 96-1385
Opinion delivered January 21, 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 Rule on the Clerk Treated as Motion for Belated Appeal; granted.
Thomas L. Travis, for appellant.
No response.
Rogelio and Basilio Reyes, by their attorney, have filed a motion for a rule on the clerk.
Their attorney, Thomas L. Travis, admits in his motion that the record was tendered more than seven months beyond date of judgment due to a mistake on his part. [1] We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we will treat as a motion for belated appeal. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).
The motion for belated appeal is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.