ARK. 1 489 Dana Daniel THETFORD v. STATE of Arkansas CR 99-1352 5 S.W3d 478 Supreme Court of Arkansas Opinion delivered December 16, 1999 APPEAL & ERROR - MOTION FOR RULE ON CLERK - GOOD CAUSE FOR GRANTING. - An admission by an attorney for a criminal defendant that the record of postconviciton proceedings 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. John Wesley Hall, Jr, for appellant. No response. ER CURIANI. Appellant Dana Daniel Thetford, by and P through John Wesley Hall, Jr., attorney, has filed a motion for belated appeal. Appellant filed a timely notice of appeal from the denial of his postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. Attorney Hall admits by motion that the record of the postconviction proceedings was tendered late due to a mistake on his part. [1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See Polletta v. State, 327 Ark. 677, 939 S.W2d 310 (1997)(per curiam);Guss v. State, 325 Ark. 521, 928 S.W2d 336 (1996)(per curiam); McCready v. State, 325 Ark. 418, 924 S.W2d 813 (1996)(per curiam). The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Granted.
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