Cite as 2011 Ark. 14 SUPREME COURT OF ARKANSAS No. CR10-808 BRIAN K. HEARD, APPELLANT, VS. STATE OF ARKANSAS, APPELLEE, PER CURIAM Appellee State of Arkansas moves this court to dismiss this appeal and appellant Brian K. Heard moves for a belated appeal, which we will treat as a motion to file a belated brief. We deny the State’s motion to dismiss, and we grant Heard’s motion to file a belated brief. On September 17, 2010, Heard was granted a final extension to file his appellant’s brief until October 28, 2010. On October 27, 2010, Heard asked for additional time to file his brief, and this court denied the request due to the previous final extension. On December 15, 2010, the State moved to dismiss this appeal because of failure to file an appellate brief. Counsel for Heard, Craig Lambert, responded on December 27, 2010, and advised this court that the Supreme Court Clerk’s letter did not tell him that the earlier extension of time to file the brief was a final extension. Counsel Lambert also moved that same date for a “belated appeal,” which, as already stated, we will treat as a motion to file aOpinion Delivered 1-20-11 MOTION TO DISMISS APPEAL; MOTION FOR BELATED APPEAL MOTION TO DISMISS APPEAL DENIED; MOTION FOR BELATED BRIEF GRANTED.
Cite as 2011 Ark. 14 belated brief. In that motion, counsel Lambert accepted full responsibility for any problems in the appeal. We deny the State’s motion to dismiss this appeal. Heard’s motion for a belated appeal was filed more than three months after this court advised him that the extension of brief time up to October 28, 2010, was a final extension. His counsel, Craig Lambert, has candidly admitted fault. Accordingly, we grant the motion to file a belated brief within thirty days of the date of this order. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Motion to dismiss denied. Motion for belated brief granted. -2-
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