ARK.] 243 William TERRY v. STATE of Arkansas 613 S.W. 2d 90 Supreme Court of Arkansas March 23, 1981 CRIMINAL PROCEDURE - MOTION FOR RULE ON CLERK - AFFIDAVIT BY ATTORNEY ADMITI1NG MISTAKE ON HIS PART IN LATE TENDER OF RECORD - GOOD CAUSE FOR GRANTING MOTION. - An affidavit by an attorney for a criminal defendant attached to a motion for rule on the clerk admitting that the record was tendered late due to a mistake on the attorney's part is good cause to grant the motion. Motion for rule on clerk; motion granted. E. Alvin Schay, State Appellate Defender, by: Jack R. Kearney, Deputy Defender, for appellant. Steve Clark, Atty. Gen., for appellee. PER CURIAM. Appellant William Terry, by his attorney, has again filed for a rule on the clerk. In a per curiam opinion issued March 16, 1981, we denied a similar motion. His attorney, E. Alvin Schay, 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, 265 Ark. 964, 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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