Kevin Franklin v. State of Arkansas

Kevin FRANKLIN v. STATE of Arkansas

CR 99-962 ___ S.W.2d ___

Supreme Court of Arkansas

Opinion delivered September 9, 1999

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

Louis A. Etoch, for appellant.

No response.

Per Curiam.

Appellant, Kevin Franklin, by his attorney, Louis Etoch, 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, supra.