FLEMING V. STATE
476 Cite as 354 Ark. 476 (2003) [354 Carolyn FLEMING v. STATE of Arkansas CR 03-1091 123 S.W3d 910 Supreme Court of Arkansas Opinion delivered October 16, 2003 APPEM. & ERROR — MOTION FOR RULE ON 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.
ARK.] 477 Hampton & Larkowski, by: Mark F. Hampton, for appellant. No response. ER CURIAM. Appellant Carolyn Fleming has filed a motion p for rule on the clerk. The judgment of conviction was filed on June 16, 2003. A notice of appeal was filed prior to the date of judgment; however, it is treated as if it was filed the day after the judgment was entered. See Ark. R. App. P.—Civ. 4(a). The record on appeal was thus due to be filed on September 15, 2003, but it was not tendered until September 18. Her attorney, Mark F. Hampton, admits responsibility for tendering the record late. [1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Williams v. State, 351 Ark. 214, 89 S.W.3d 933 (2002) (per curiam); Jackson v. State, 351 Ark. 212, 89 S.W.3d 930 (2002) (per curiam). The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). It is so ordered.
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