Michael Sherman Phillips v. State of Arkansas

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          Michael Sherman PHILLIPS v. STATE of Arkansas

CR 97-814                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
              Opinion delivered September 11, 1997


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.
     Joel O. Huggins, for appellant.
     No response.

     Per Curiam.
     Michael S. Phillips, by and through his attorney, has filed a
motion for a rule on the clerk.  His attorney, Joel O. Huggins,
admits in his motion that the record was tendered late 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).
     The motion is therefore granted.  A copy of this opinion will
be forwarded to the Committee on Professional Conduct.