Sanson v. State

James S. SANSON v. STATE of Arkansas

CR 96-620                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered June 10, 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.


     Paul A. Schmidt, for appellant.
     No response.

     Per Curiam.June 10, 1996   *ADVREP*SC7*





JAMES S. SANSON,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR96-620


MOTION FOR RULE ON CLERK





MOTION GRANTED




                           PER CURIAM

     Petitioner, James S. Sanson, by his attorney, Paul A. Schmidt,
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, 295 Ark. 964 (1979) (per curiam).
     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. 
     DUDLEY, J., not participating.