Sales v. State
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Slip Opinion
Cite as 2010 Ark. 320
SUPREME COURT OF ARKANSAS
No.
CR10-53
Opinion Delivered 8-6-2010
MOTION TO FILE BELATED BRIEF
DEREK K. SALES,
APPELLANT,
VS.
MOTION GRANTED.
STATE OF ARKANSAS,
APPELLEE,
PER CURIAM
Derek Sales was convicted of capital murder and aggravated robbery and was
sentenced to death and life imprisonment, respectively. This court affirmed the convictions
and sentence on direct appeal. Sales v. State, 374 Ark. 222, 289 S.W.3d 423 (2008). Sales
then filed a motion for post-conviction relief in circuit court, which was denied. Sales now
appeals from the denial of his Rule 37.5 petition.
Appellant’s brief was originally due on February 24, 2010. He received a seven-day
extension, making his brief due on March 3, 2010. On March 3, 2010, Sales requested a
sixty-day extension, and the court granted a final extension of thirty-eight days. The brief was
then due on April 10, 2010. On April 12, 2010, appellant’s counsel requested another
extension, which was denied. On June 14, 2010, counsel tendered appellant’s brief and filed
Slip Opinion
Cite as 2010 Ark. 320
the instant motion to file a belated brief.
Appellant’s counsel provides many reasons why the brief was tendered late in the
instant case. However, it is clear that the delay was the result of attorney error, and under
McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004), we grant the motion for belated
appeal and refer appellant’s attorney to the Committee on Professional Conduct. See also
Brown v. State, 373 Ark. 453, 284 S.W.3d 481 (2008).
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