480 [352 Jason McCONNELL v. STATE of Arkansas CR 03-262 101 S.W.3d 835 Supreme Court of Arkansas
Opinion delivered April 3, 2003 MOTIONS - MOTION FOR RULE ON CLERK TREATED AS MOTION FOR BELATED APPEAL - 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, which the supreme court will treat as a motion for belated appeal. Motion for Rule on Clerk treated as Motion for Belated Appeal; granted. Michael L. Allison, for appellant. No response. ER CURIAM. Jason McConnell, by and through his p E attorney, has filed a motion for a rule on the clerk. His attorney, Michael L. Allison, 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, which we will treat as a motion for belated appeal. 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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