ARK.] POWELL V. STATE 429 Cite as 276 Ark. 429 (1982) Richard POWELL v. STATE of Arkansas 635 S.W.2d 264 Supreme Court of Arkansas
Opinion delivered June 28, 1982 APPEAL 8C ERROR — MOTION FOR RULE ON THE CLERK — LATE TENDER OF RECORD — ADMISSION OF MISTAKE BY ATTORNEY GOOD CAUSE FOR GRANTING MOTION. — 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 a rule on the clerk. Motion for Rule on the Clerk; motion granted. Paul D. McNeill, for appellant. Steve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant, Richard Powell, by his attorney, has filed for a rule on the clerk.
His attorney, Paul D. McNeil, admits 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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