Branch v. State

Michael BRANCH v. STATE of Arkansas

CR 96-737                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered July 15, 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.
     J.F. Atkinson, Jr., for appellant.
     No response.

     Per Curiam.*ADVREP*SC13*







MICHAEL BRANCH,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE,



July 15, 1996

CR96-737


MOTION FOR RULE ON THE CLERK,






MOTION GRANTED.






                           Per Curiam



     Appellant Michael Branch, by his attorney, has filed for a
rule on the clerk. 
     His attorney J. F. Atkinson, Jr., admits that the failure to
file the record in time was due to a mistake on his part.
     We find that such an error, admittedly made by the 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.