FARIV1ER V. STATE 468 Cite as 346 Ark. 468 (2001) [346 Billy Kale FARMER v. STATE of Arkansas CR 01-1104 57 S.W3d 216 Supreme Court of Arkansas Opinion delivered November 1, 2001 APPEAL & ERROR — MOTION FOR RULE ON 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 her part is good cause to grant a motion for rule on the clerk. Motion for Rule on the Clerk; granted.
ARK.] 469 Miller Law Firm, by: Leslie Borgognoni, for appellant. No response. ER CURIAM. Appellant, Billy Kale Farmer, by his attorney, P Leslie Borgognoni, has filed a motion for rule on the clerk. On June 15, 2001, the Benton County Circuit Court entered an order denying appellant's motion for relief from an illegal sentence. Farmer timely filed a notice of appeal on July 13, 2001, and ultimately tendered the appellate record on October 12, 2001. However, due to a miscalculation in the due date, the record was lodged one day outside the applicable time limit. [1] Ms. Borgognoni admits in the instant motion that the record was tendered late due to a mistake on her part. We find that such an error, admittedly made by the 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). Accordingly, we grant the motion for rule on the clerk. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Id.
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