Opinion
CR 02-057
Opinion Delivered February 7, 2002
Appeal error — motion for rule on 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.
APPEAL ERROR — MOTION FOR RULE ON 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.
Don G. Gillaspie, for appellant.
No response.
Appellant, Undra Monta Singleton, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Don G. Gillaspie, states in his motion that the record was tendered late due to a mistake on his part. 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).
[1] Therefore, the motion is granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.