662 DUNCAN V. STATE [292 Cite as 292 Ark. 662 (1987) Wayne DUNCAN v. STATE of Arkansas 731 S.W.2d 784 Supreme Court of Arkansas Opinion delivered July 6, 1987 APPEAL & ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — After reviewing counsel's motion with attached affidavits and the record, the court found that the error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion for rule on the clerk.
Motion for Rule on the Clerk; granted. Wayne Emmons, for appellant. No response. PER CURIAM. Petitioner, Wayne Duncan, by his attorney, Wayne Emmons, has filed a motion for rule on the clerk. His attorney admits he failed to tender the record within the time constraints required under Rule 5 of the Arkansas Rules of Appellate Procedure, due to oversight plus on-going negotiations with the prosecuting attorney. On June 5, 1987, the trial court held a hearing pursuant to our per curiam in this cause dated February 23, 1987. [11] Upon our review of counsel's motion with attached affidavit and the record submitted herein, we find that the error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981). A copy of this opinion will be forwarded to the Committee on Professional Conduct. In re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979). DUDLEY, J., would deny.
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