Charles Lee Whitfield v. State of Arkansas

Charles Lee WHITFIELD v. STATE of Arkansas

CR 96-522                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered May 20, 1996


Appeal & error -- motion for rule on clerk -- good cause for 
     granting. -- An admission by the attorney for a criminal
     defendant that the failure to file the record in time was 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.
     Mikke Connealy, for appellant.
     No response.

     Per Curiam.May 20, 1996   *ADVREP*SC12*


                                    CR96-522 

 
CHARLES LEE WHITFIELD,            
 
          Appellant 
 
     v. 

 
STATE OF ARKANSAS,                  Motion for Rule on the Clerk 
 
 
          Appellee                 Motion granted 





                           Per Curiam.



    Appellant, Charles Lee Whitfield, by his attorney, Mikke
Connealy, has filed a motion for rule on the clerk.  His attorney
admits that the transcript was tendered late due to an error on her
part. 
    We find that such error, admittedly made by the attorney for
a criminal defendant, is good cause to grant the motion.  See per
curiam order dated February 5, 1979.  In re:  Belated Appeals in
Criminal Cases, 265 Ark. 964; Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981). 
    A copy of this opinion will be forwarded to the Committee on
Professional Conduct. 
     Dudley, J., not participating.