McCoy v. State

Leroy King McCOY v. STATE of Arkansas

CR 96-514                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered May 20, 1996


Appeal & error -- motion for rule on clerk -- 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
     rule on the clerk.


     Motion for Rule on the Clerk; granted.
     R. Brent Crews, for appellant.
     No response.

     Per Curiam.05-20-96


                                        CR96-514





LEROY KING MCCOY,
                    APPELLANT,          MOTION FOR RULE ON CLERK.

V.

STATE OF ARKANSAS,
                    APPELLEE,           GRANTED.
                                





                           Per Curiam.

                                

     The appellant, Leroy King McCoy, has filed a motion for rule
on the clerk.  His attorney, R. Brent Crews, filed a timely notice
of appeal.  While appellant apparently retained another attorney,
Mr. Crews failed to ask to be relieved as counsel.  He admits that
he was required to do so, see Young v. State, 318 Ark. 235, 884 S.W.2d 591 (1994), and that the failure to timely file the record
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
In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per
curiam).  A copy of this opinion will be forwarded to the Committee
on Professional Conduct.
     Dudley, J., not participating.