ARK.] WICOFF V. STATE 401 Cite as 306 Ark. 401 (1991) Jimmy Lane WICOFF v. STATE of Arkansas RC 91-44 814 S.W.2d 267 Supreme Court of Arkansas Opinion delivered September 9, 1991 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. Christopher O'Hara Carter, for appellant.
402 [306 No response. PER CURIAM. Appellant, Jimmy Lane Wicoff, by his attorney, Christopher Carter has filed a motion for rule on the clerk. His attorney admits that the record was tendered late because the ninety-day limit for filing the record in this Court, see Ark. R. App. P. 5(a), was not extended by a new trial motion with respect to which no record was made. See Ark. R. App. P. 4(c). [1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, In re: Belated Appeals in Criminal Cases, 265 Ark. 964; Terry v. State, 272 Ark. 243, 613 S.W .2d 90 (1981). A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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