Opinion
CR 02-376
Opinion Delivered May 2, 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.
Motion for Rule on the Clerk; granted.
Bart Ziegenhorn, for appellant.
No response.
Appellant, Harold Troup, by and through his attorney, has filed a motion for belated appeal. Attorney Bart Ziegenhorn admits by motion that the appeal was not timely filed 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.