Byrd v. State

Michael Wayne BYRD v. STATE of Arkansas

CR 96-48                                           ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered January 29, 1996


Appeal & error -- motion for rule on clerk -- good cause for 
     granting. -- An admission by an attorney for a criminal
     defendant that he tendered the record late is good cause for
     granting a motion for rule on the clerk.


     Motion for Rule on the Clerk; granted.
     Scott E. Smith, for appellant.
     No response.

     Per Curiam.*ADVREP6*






MICHAEL WAYNE BYRD,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR96-48

Opinion Delivered:  1-29-96

MOTION FOR RULE ON THE CLERK  





MOTION GRANTED






                           PER CURIAM

     Petitioner, Michael Wayne Byrd, by his attorney, Scott E.
Smith, has filed a motion for rule on the clerk.  His attorney
admits that the record was tendered late due to a mistake on his
part.  
     We find that such error, admittedly made by the attorney for
a criminal defendant, is good cause to grant the motion.  See
Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re:  Belated
Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam);
Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978).
     A copy of this per curiam will be forwarded to the Committee
on Professional Conduct.  In Re:  Belated Appeals in Criminal
Cases, 265 Ark. 964.