Tommy J. Davis v. State of Arkansas

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Tommy J. DAVIS v. STATE of Arkansas

CR 98-127                                          ___ 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 the 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.
     Charles E. Davis, for appellant.
     No response.

     Per Curiam. 
     Tommy J. Davis, by his attorney, has filed a motion for a rule
on the clerk.
     His attorney, Charles E. Davis, 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.