Timothy Leoton v. State of Arkansas

           Timothy Leo HARRINGTON v. STATE of Arkansas

CR 97-242                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 17, 1997


Appeal & error -- motion for rule on the 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.
     Theresa S. Nazario, for appellant.
     No response.

     Per Curiam.
     Timothy Leo Harrington, by his attorney, has filed a motion
for a rule on the clerk.
     His attorney, Theresa S. Nazario, admits in her motion that
the record was tendered late due to a mistake on her 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).
     The motion is, therefore, granted.  A copy of this opinion
will be forwarded to the Committee on Professional Conduct.