38 [357 Donald SIMMONS v. STATE of Arkansas CR 04-313 159 S.W3d 312 Supreme Court of Arkansas Opinion delivered April 15,2004 APPEAL & ERROR - MOTION FOR BELATED APPEAL - 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 belated appeal. Motion for Belated Appeal; granted. Alvin Schay, for appellant. No response. ER CURIAM. Appellant Donald Simmons, by and through p his attorney, has filed a motion for belated appeal. His attorney, Alvin Schay, states in the motion that the record was tendered late due to a mistake on his part. [1] We find that such an 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). The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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