Rayford v. State

Larry RAYFORD v. STATE of Arkansas

CR 96-428                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered June 3, 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 to grant a motion for rule on the
     clerk.


     Motion for Rule on the Clerk; granted.
     John F. Gibson, Jr., for appellant.
     No response.

     Per Curiam.June 3, 1996   *ADVREP*SC10*





LARRY RAYFORD,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE,



CR96-428



MOTION FOR RULE ON THE CLERK






GRANTED.




                           PER CURIAM

     
     The appellant, Larry Rayford, has filed a motion for rule on
the clerk.  This is his second motion.  The first motion was denied
in our per curiam opinion dated May 6, 1996.  In the per curiam, we
ordered the appellant's attorney, John F. Gibson, Jr., to file an
affidavit accepting full responsibility for not timely filing the
transcript.  Mr. Gibson filed the affidavit on May 16, 1996.
     We find that such an admission of error, 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).  A copy of this opinion will be forwarded to the Committee
on Professional Conduct.
     Dudley, J., not participating.