NELSON V. STATE ARK Cite as 272 Ark. 287 (1981) 287 Johnny Lee NELSON v. STATE of Arkansas CR 81-30 613 S.W. 2d 598 Supreme Court of Arkansas Opinion delivered April 6, 1981 CRIMINAL PROCEDURE — BELATED APPEALS IN CRIMINAL CASES — ADMISSION BY ATTORNEY THAT LATE TENDER OF RECORD WAS DUE TO MISTAKE ON HIS PART — GOOD CAUSE TO GRANT MOTION FOR RULE ON CLERK. — 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 the clerk; motion granted. Ray Baxter, for appellant. Steve Clark, Atty. Gen., for appellee. PER CURIAM. Appellant Johnny Lee Nelson, by his attorney, has again filed for a rule on the clerk. In a Per
Curiam opinion issued March 23, 1981, we denied a similar motion. His attorney, Ray Baxter, 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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