Williams v. State

Jeffrey L. WILLIAMS v. STATE of Arkansas

CR 96-146                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 26, 1996


Appeal & error -- motion for rule on clerk -- petition for writ of
     certiorari to complete record -- good cause for granting. --
     An admission by the attorney for a criminal defendant that he
     was responsible for failing to file the record or to seek an
     extension was good cause to grant relief; the supreme court
     granted appellant's motion for rule on the clerk and petition
     for writ of certiorari to complete the record.


     Jeff R. Conner, for appellant.
     No response.

     Per Curiam.Per Curiam 2-26-96  *ADVREP8*







JEFFERY L. WILLIAMS,
               APPELLANT,

V.

STATE OF ARKANSAS,
               APPELLEE,

CR 96-146




MOTION FOR RULE ON THE CLERK;
PETITION FOR WRIT OF CERTIORARI
TO COMPLETE THE RECORD;





MOTIONS GRANTED.








     Appellant, Jeffery L. Williams, by his attorney, Jeff R.
Conner, has filed a motion for a rule on the clerk and a petition
for writ of certiorari to complete the record.  Conner states by
motion that, although he timely filed a notice of appeal from
judgment entered September 26, 1995, pursuant to reversal and
remand by this court, and although he requested the court reporter
to prepare the record in this case, the ninety days for filing the
record has expired and, due to mistake on his part, he has not
filed the record or sought an extension.  
     We find that such an error, admittedly made by the attorney
for a criminal defendant, is good cause to grant relief.  See In
Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per
curiam).  We therefore grant the requested relief and, consistent
with Ark. Sup. Ct. R. 3-5, direct the circuit clerk and court
reporter to complete and certify the record by March 27, 1996.
     A copy of this opinion will be forwarded to the Committee on
Professional Conduct.