POLLETTA V. STATE ARx.] Cite as 327 Ark. 677 (1997) 677 Gloria Jean POLLETTA v. STATE of Arkansas
CR 97-218 939 S.W.2d 310 Supreme Court of Arkansas
Opinion delivered March 17, 1997 APPEAL & ERROR — MOTION FOR RULE ON THE CLERK — 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 rule on the clerk. Motion for Rule on the Clerk; granted. Constance G. Grayson, for appellant. No response.
678 [327 PER CURIAM. Appellant, Gloria Jean Polletta, by her attorney, Constance G. Grayson, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of her petition for postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. Her attorney admits by motion that the record was tendered late due to a mistake on her 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. McCready v. State, 325 Ark. 418, 924 S.W.2d 813 (1996) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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