Opinion
Opinion delivered December 15, 1986
APPEAL ERROR — MOTION FOR RULE ON THE 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.
Jim Petty, for appellant.
No objection.
Appellant, Jimmy L. Summers, by his attorney, has filed for a rule on the clerk.
His attorney, Jim Petty, admits that the record was not tendered properly due to a mistake on his part.
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.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.