ARK.] TUBBS V. STATE 421 Cite as 288 Ark. 421 (1986) Johnny Lee TUBBS v. STATE of Arkansas 706 S.W.2d 180 Supreme Court of Arkansas
Opinion delivered March 24, 1986 APPEAL & ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal
422 [288 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. David H. McCormick, for appellant. No response. PER CURIAM. Appellant, Johnny Lee Tubbs, by his attorney, David H. McCormick, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to his miscalculation of the ninety-day limit for filing the record in this Court. See Ark. R. App. P. 5(a). [11] 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, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981). A copy of this opinion will be forwarded to the Committee on Professional Conduct. PURTLE, J., not participating.
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