Smith v. State

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Joel P. SMITH v. STATE of Arkansas

CR 96-261                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 18, 1996


Appeal & error -- motion for belated appeal -- good cause for 
     granting. -- An admission by the attorney for a criminal
     defendant that the failure to file the record in time was due
     to a mistake on his part is good cause to grant a motion for
     belated appeal.


     Motion for Belated Appeal; granted.
     Robert S. Tschiemer, for appellant.
     No response.

     Per Curiam.March 18, 1996   *ADVREP14*






JOEL P. SMITH,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR96-261



MOTION FOR BELATED APPEAL,





MOTION GRANTED.






                           Per Curiam.


     Appellant, Joel P. Smith, by his attorney, has filed for a
belated appeal.
     His attorney, Robert S. Tschiemer, admits that the failure to
file the record in time was due to a mistake on his part.
     We find that such an error, admittedly made by the attorney
for a criminal defendant, is good cause to grant the motion.  See
our Per Curiam opinion dated February 5, 1979, In re Belated
Appeals in Criminal Cases, 265 Ark. 964.  A copy of this opinion
will be forwarded to the Committee on Professional Conduct.

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