ARK.] 579 Ronald Eugene BROWN v. STATE of Arkansas CR 06-182 231 S.W3d 725 Supreme Court of Arkansas Opinion delivered March 9, 2006 APPEAL & ERROR — MOTION FOR RULE ON CLERK — GRANTED. — Appellant's attorney stated in the motion that the record was tendered late due to a mistake on his part. Motion for Rule on Clerk, granted. Joseph P. Mazzanti,III, for appellant. No response. ER CURIAM. [1] Appellant Ronald E. Brown, by and p through his attorney, has filed a motion for rule on clerk. His attorney, Joseph P. Mazzanti, III, states in the motion that the record was tendered late due to a mistake on his part. He explains that he failed to include in the order extending time within which to file the record a declaration pursuant to Ark. R. App. P. — Civ. 5(b)(1)(C)' that all parties had the opportunity to be heard on the motion or waived such right. Because Mazzanti has admitted fault, this motion is granted pursuant to McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). A copy of this opinion will be forwarded to the Committee on Professional Conduct. ' Rule 5 of the Arkansas Rules ofAppellate Procedure — Civil applies in criminal cases. Moore v. State, 359 Ark. 370, 197 S.W3d 447 (2004).
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