FRANKLIN V. STATE ARK.] Cite as 338 Ark. 507 (1999) 507 Kevin FRANKLIN v. STATE of Arkansas
CR 99-962 998 S.W.2d 738 Supreme Court of Arkansas
Opinion delivered September 9, 1999 APPEAL & ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by the 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 rule on the clerk. Motion for Rule on the Clerk; granted. Louis A. Etoch, for appellant. No response. ER CuRIAm. Appellant, Kevin Franklin, by his attor-p ney, Louis Etoch, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part. [I.] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); Irt Re: Belated Appeals in Criminal Cases, 295 Ark. 964 (1979)(per cur iam) . A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, supra.
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