ARK.] 97 Bennie L. FRY, Jr. v. STATE of Arkansas RC 91-56 822 S.W.2d 849 Supreme Court of Arkansas Opinion delivered January 21, 1992 APPEAL & ERROR - MOTION FOR RULE ON THE CLERK - GOOD CAUSE FOR GRANTING. - An admission by an attorney for a criminal
98 [308 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. Tom Garner, for appellant. Winston Bryant, Att'y Gen., by: Clint Miller, Senior Asst. Att'y Gen., for appellee. PER CURIAM. Appellant, Bennie L. Fry, Jr., by his attorney, has filed a motion for a rule on the clerk. His attorney, Tom Garner, admits by motion that the record was tendered late 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 our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases, 265 Ark. 964. The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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