Lee v. State

Michael LEE v. STATE of Arkansas

CR 96-869                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered September 9, 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.
     James Dunham, for appellant.
     No response.

     Per Curiam.
     Petitioner, Michael Lee, by his attorney, James Dunham, has
filed a motion for rule on the clerk.  His attorney admits that the
record was tendered late due to a mistake on his part.  
     We find that such error, admittedly made by the attorney for
a criminal defendant, is good cause to grant the motion.  See
Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re:  Belated
Appeals in Criminal Cases, 295 Ark. 964 (1979) (per curiam).
     A copy of this per curiam will be forwarded to the Committee
on Professional Conduct.  In Re:  Belated Appeals in Criminal
Cases, 265 Ark. 964.