Opinion
CR 96-261
Opinion delivered March 18, 1996
APPEAL ERROR — MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by the attorney for a criminal defendant that the failure to file the record in time was due to a mistake on his part is good cause to grant a motion for belated appeal.
Motion for Belated Appeal; granted.
Robert S. Tschiemer, for appellant.
No response.
Appellant, Joel P. Smith, by his attorney, has filed for a belated appeal.
His attorney, Robert S. Tschiemer, admits that the failure to file the record in time was 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. See our Per Curiam opinion dated February 5, 1979, In re Belated Appeals in Criminal Cases, 265 Ark. 964. A copy of this opinion will be forwarded to the Committee on Professional Conduct.