Arnold v. State

Rocky W. ARNOLD v. STATE of Arkansas

CR 96-885                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered September 9, 1996


Appeal & error -- motion for rule on clerk -- good cause for 
     granting. -- An admission by an attorney for a criminal
     defendant that the record was tendered late due to a mistake
     on his part is good cause for granting a motion for rule on
     the clerk.


     Motion for Rule on the Clerk; granted.
     Keith Watkins, for appellant.
     No response.

     Per Curiam.
     Appellant, Rocky W. Arnold, by his attorney, Keith Watkins,
has filed a motion for a rule on the clerk.  Mr. Watkins admits by
motion that the record was tendered late 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).  The motion is therefore granted.
     A copy of this opinion will be forwarded to the Committee on
Professional Conduct.