566 [329 Randy ALLEN v. STATE of Arkansas CR 97-998 950 S.W.2d 220 Supreme Court of Arkansas
Opinion delivered September 18, 1997 APPEAL & ERROR - MOTION FOR BELATED APPEAL - 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 belated appeal. Motion for Belated Appeal; granted. Stuart Vess, for appellant. No response. PER CURIAM. Appellant, Randy Allen, by and through his attorney, has filed a motion for a rule on the clerk. We treat this motion as a motion for belated appeal. His attorney, Stuart Vess, admits in his 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 In re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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