Donald Simmons v. State of Arkansas

Donald SIMMONS v. STATE of Arkansas

CR 04-313                                                                                                                                                                                              ___ S.W.3d ___

Supreme Court of Arkansas
Opinion delivered April 15, 2004

Appeal & error -- motion for belated appeal -- 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 to grant a motion for belated appeal.

Motion for Belated Appeal; granted.

Alvin Schay, for appellant.

No response.

Per Curiam. Appellant Donald Simmons, by and through his attorney, has filed a motion for belated appeal. His attorney, Alvin Schay, states in the motion that the record was tendered late due to a mistake on his part.

We find that such an error, admittedly made by an 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.