DUKE V. STATE ARK.} Cite as 346 Ark. 159 (2001) 159 Benjamin C. DUKE v. STATE of Arkansas
CR 01-967 55 S.W3d 756 Supreme Court of Arkansas Opinion delivered September 27, 2001 APPEAL & ERROR — MOTION FOR BELATED APPEAL & RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the notice of appeal was tendered late due to a mistake on his part is good cause to grant a motion for belated appeal and rule on the clerk. Motion for Belated Appeal and Rule on the Clerk; granted. Bryan P Christian, for appellant. No response. ER CURIAM. Appellant, Benjamin C. Duke, by and P through his attorney, Bryan Christian, has filed a motion to file a belated appeal. His attorney accepts responsibility for the untimeliness in filing a notice of appeal and states in his motion that the notice of appeal was tendered late due to a mistake on his part. We find that such error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam); Jacks v. State, 344 Ark. 405, 39 S.W3d 798 (2001). [1] Appellant's motion is granted. A copy of this per curiam will be forwarded to the Committee on Professional Conduct.
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