ARK.] 433 Donnie Elbert GIST v. STATE of Arkansas RC 89-12 768 S.W.2d 34 Supreme Court of Arkansas Opinion delivered April 17, 1989 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. Sherman and James, by: Anthony J. Sherman, for petitioner. No response. PER CURIAM. Petitioner, Donnie Gist, by his attorney, Anthony J. Sherman, has filed a motion for rule on the clerk. His attorney admits that he failed to file a transcript within the ninety (90) day limit due to his erroneous belief that he had been relieved as attorney of record. [1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion will be forwarded to the Comittee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).
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