338 [277 Ronald Dean ROE v. STATE of Arkansas 641 S.W.2d 31 Supreme Court of Arkansas Opinion delivered November 8, 1982 CRIMINAL PROCEDURE - MOTION FOR RULE ON THE CLERK - NECESSITY FOR ATTORNEY TO ADMIT MISTAKE IN FAILING TO FILE TRANSCRIPT ON TIME. - Where an attorney for a defendant in a criminal case attaches an affidavit to his Motion for Rule on the Clerk, stating that the transcript was not timely filed due to a mistake on his part, the motion will be granted. Motion for Rule on the Clerk; motion granted. Donald R. Huffman, for appellant. Steve Clark, Atty. Gen., by: William C. Mann, III, Asst. Auy. Gen., for appellee. PER CURIAM. Donald R. Huffman, attorney for appellant, has filed his Motion and Amended Motion for Rule on the Clerk. In an affidavit attached to the amended motion Donald R. Huffman states the reason for the delay in tendering the transcript was a mistake on his part in determining the date by which the appeal should have been filed. We are granting the rule on the clerk upon the verification of attorney Donald R. Huffman that it was not timely filed due to his mistake. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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