412 [314
Jimmy Dean WELCH v. STATE of Arkansas
CR 93-1051 868 S.W.2d 32 Supreme Court of Arkansas Opinion delivered October 11, 1993 APPEAL & ERROR - MOTION FOR RULE ON THE CLERK - GOOD CAUSE FOR GRANTING. - 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 rule on the clerk. Motion for Rule on the Clerk; granted. Phil Kinsey, for appellant. No response. PER CURIAM. The appellant, Jimmy Dean Welch, by his attorney, has filed a motion for a rule on the clerk. His attorney, Phil Kinsey, admits that the failure to file the record in time was due to a mistake on his part. [1] 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. The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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