Jerry Schalk v. State of Arkansas

                Jerry SCHALK v. STATE of Arkansas

98-227                                             ___ S.W.2d ___
   
                    Supreme Court of Arkansas
                Opinion delivered March 19, 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.
     Teri Swicegood, for appellant.
     No response.

     Per Curiam.
     Jerry Schalk, by his attorney, Teri Swicegood, has filed a
motion for rule on the clerk.  His attorney admits that the
transcript was tendered late due to an error on her part.
     We find 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 for rule on the clerk is, therefore, granted.  A
copy of this opinion will be forwarded to the Committee on
Professional Conduct.