452 MCCOY V. STATE Cite as 324 Ark. 452 (1996) [324 Leroy King McCOY v. STATE of Arkansas
CR 96-514 921 S.W2d 605 Supreme Court of Arkansas Opinion delivered May 20, 1996 APPEAL & ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by the attorney for a criminal defendant
ARK. I 453 that the failure to file the record in time was 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. R. Brent Crews, for appellant. No response. PER CURIAM. The appellant, Leroy King McCoy, has filed a motion for rule on the clerk. His attorney, R. Brent Crews, filed a timely notice of appeal. While appellant apparently retained another attorney, Mr. Crews failed to ask to be relieved as counsel. He admits that he was required to do so, see Young v. State, 318 Ark. 235, 884 S.W2d 591 (1994), and that the failure to timely file the record 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 In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct. DUDLEY, J., not participating.
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