Jimmy Don WOOTEN v. STATE of Arkansas
CR 98-73 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered February 12, 1998
Appeal & error -- motion for rule on clerk treated as motion for
belated appeal -- good cause for granting. -- An admission by
an attorney for a criminal defendant that the notice of appeal
was not timely filed due to a mistake on his part is good
cause to treat his motion for rule on the clerk as a motion
for a belated appeal; the motion was granted.
Motion for Rule on the Clerk Treated as Motion for Belated
James O. Clawson, for appellant.
Appellant Jimmy Don Wooten by his attorney, James O. Clawson,
has filed a motion for rule on the clerk. The motion reflects that
Appellant requested a hearing in the trial court on his Rule 37
petition, and that such request was denied. Clawson admits by
motion that the notice of appeal was not timely filed due to a
mistake on his part.
Because Clawson has assumed responsibility for the error, we
treat the motion for rule on the clerk as a motion for belated
appeal, and we grant it. See In Re: Belated Appeals in Criminal
Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion
will be forwarded to the Committee on Professional Conduct.