Edwin G. Diehl v. State of Arkansas

Edwin G. DIEHL v. STATE of Arkansas

CR 98-304                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered April 9, 1998


Appeal & error -- motion for belated appeal granted. -- Where appellant's 
     attorney assumed responsibility for failing to verify that the
     judgment and commitment order had been filed prior to the
     filing of the notice of appeal, the supreme court granted
     appellant's motion for belated appeal.


     Motion for Belated Appeal; granted.
     Gene O'Daniel, for appellant.
     No response.

     Per Curiam. 
     Appellant Edwin G. Diehl has filed a motion for belated
appeal.  Appellant was convicted on August 11, 1997, of driving
while intoxicated, but he was not formally sentenced until
September 10, 1997.  The record reflects that the notice of appeal
was filed on September 12, 1997; however, the judgment and
commitment order was not entered until September 16, 1997.  Thus,
the notice of appeal was untimely and ineffective.  See Ark. R.
App. P.--Civ. 4.   
     Appellant's attorney Gene O'Daniel has assumed responsibility
for failing to verify that the judgment and commitment order had
been filed prior to the filing of the notice of appeal.  The motion
reflects that Mr. O'Daniel was mistakenly informed by Appellant's
trial counsel that the notice of appeal had to be filed by
September 12, 1997.  Because he has admitted responsibility for the
error, we grant the motion for belated appeal.  We direct that a
copy of this order be filed with the Committee on Professional
Conduct.  See In Re: Belated Appeals in Criminal Cases, 265 Ark.
964 (1979) (per curiam).