ARK.] 475 Larry Ellender WILSON v. STATE of Arkansas 620 S.W. 2d 936 Supreme Court of Arkansas Opinion delivered September 14, 1981 APPEAL & ERROR - FAILURE OF ATTORNEY TO FILE RECORD ON TIME - ADMISSION OF MISTAKE BY ATTORNEY FOR CRIMINAL DEFENDANT GROUNDS FOR GRANTING MOTION FOR RULE ON CLERK. — Where an attorney for a criminal defendant attaches an affidavit to his motion for rule on the clerk, admitting that the record was tendered late due to a mistake on his part, such an error, admittedly made by the attorney, is good cause to grant the motion. Motion for Rule on the Clerk; motion granted. Donald H. Smith , for appellant. Steve Clark , Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee. PER CURIAM. Larry Ellender Wilson, by his attorney, has filed for a rule on the clerk. His attorney, Max J. Probst, 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, 265 Ark. 964. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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