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Simmons v. State

Supreme Court of Arkansas
Apr 15, 2004
159 S.W.3d 312 (Ark. 2004)

Opinion

CR 04-313

Opinion delivered April 15, 2004

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 Schay, for appellant.

No response.


Appellant Donald Simmons, by and through his attorney, has filed a motion for belated appeal. His attorney, Alvin Schay, states in the motion that the record was tendered late due to a mistake on his part.

[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.


Summaries of

Simmons v. State

Supreme Court of Arkansas
Apr 15, 2004
159 S.W.3d 312 (Ark. 2004)
Case details for

Simmons v. State

Case Details

Full title:Donald SIMMONS v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Apr 15, 2004

Citations

159 S.W.3d 312 (Ark. 2004)
159 S.W.3d 312