161 ARK.] Albert BROWNING v. STATE of Arkansas CR 80-263 614 S.W. 2d 937 Supreme Court of Arkansas March 9, 1981 CRIMINAL PROCEDURE - MOTION FOR RULE ON . CLERK • - MISTAKE BY ATTORNEY GOOD CAUSE TO GRANT MOTION. - Where an attorney for a criminal defendant attaches an affidavit to a Motion for Rule on the Clerk admitting that the record was tendered late due to a mistake on his part, such an error is good cause to grant the motion. Motion for rule on the clerk; motion granted. Stevan B. Dalrymple, for appellant. Steve Clark, Atty. Gen., for appellee. PER CURIAM. Appellant Albert Browning, by his attorney, has again filed for a rule on the clerk. In a Per Curiam opinion issued January 19, 1981, we denied a similar motion. His attorney, Stevan B. Dalrymple, has attached an affidavit admitting that the record was tendered late 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.
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