Darrell Profit v. State of Arkansas

Darrell PROFIT v. STATE of Arkansas

CR 96-740                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered December 9, 1996


1.   Appeal & error -- motion for belated appeal -- good cause for
     granting. -- Where appellant's attorney admitted
     responsibility for failing to perfect the appeal, the supreme
     court treated his motion for rule on the clerk as one for
     belated appeal and granted the motion; such an error,
     admittedly made by an attorney for a criminal defendant, is
     good cause to grant the motion.


     Motion for Rule on the Clerk treated as Motion for Belated
Appeal; granted.
     William Owen James, Jr., for appellant.
     No response.

     Per Curiam.
     The appellant, Darrell Profit, has filed a motion for rule on
the clerk.  As he filed his notice of appeal prior to the entry of
the judgment and commitment order, it was of no effect.  His
attorney, William Owen James, Jr., admits responsbility for failing
to perfect the appeal. 
     We treat the motion as one for a belated appeal and grant the
motion.  We find that such an error, admittedly 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.