448 WOODRUFF V. STATE [323 Cite as 323 Ark. 448 (1996) Darren WOODRUFF v. STATE of Arkansas CR 96-90 916 S.W.2d 104 Supreme Court of Arkansas Opinion delivered February 12, 1996 APPEAL & ERROR — MOTION FOR RULE ON CLERK TREATED AS MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — Where the Clerk refused to docket the record because the notice of appeal was late, the supreme court treated the motion for rule on the clerk as a motion for belated appeal; failure to counsel to perfect an appeal for a defendant who wishes to appeal constitutes ineffective assistance of counsel, and good cause for granting a belated appeal pursuant to Ark. R. Crim. P. 36.9(e); the motion was granted. Motion for Belated Appeal; granted. Maxie G. Kizer, for appellant. No response. PER CURIAM. Appellant, Darren Woodruff, by his attorney, Maxie G. Kizer, has filed a motion for rule on the clerk. The Clerk refused to docket the record concerning Mr. Wood-ruff's conviction because it revealed that the notice of appeal was late. We treat the motion for rule on the clerk as a motion for belated appeal in this circumstance. [1] Failure of counsel to perfect an appeal for a defendant who wishes to appeal constitutes ineffective assistance of counsel, and good cause for granting a belated appeal pursuant to Ark. R. Crim. P. 36.9(e). A copy of this opinion will be sent to the Committee on Professional Conduct.
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