Rocky Halter v. State of Arkansas

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                Rocky HALTER v. STATE of Arkansas

CR 98-119                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 26, 1998


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.
     Darrell F. Brown, for appellant.
     No response.

     Per Curiam.
     Petitioner, Rocky Halter, by his attorney, Darrell F. Brown,
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.