Jason Mark Smith v. State of Arkansas

              Jason Mark SMITH v. STATE of Arkansas

CR 98-329                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered April 9, 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.
     Joel O.Huggins, for appellant.
     No response.

     Per Curiam.
     Appellant Jason Mark Smith, by and through his attorney, has
filed a motion for a rule on the clerk.  His attorney, Joel O.
Huggins, states in the motion that the record was tendered late due
to a mistake on his part.
     We find that such an error, admittedly made by an 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.