Cephas Brewer v. State of Arkansas

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98-935

Cephas BREWER v. STATE of Arkansas

98-935 ___ S.W.2d ___

Supreme Court of Arkansas

Opinion delivered September 10, 1998

Appeal & error -- motion for belated appeal -- good cause for granting. -- An admission by the attorney for a criminal defendant that the notice of appeal was not filed in a timely manner due to a mistake on her part is good cause to grant a motion for belated appeal.

Motion for Rule on the Clerk treated as Motion for Belated Appeal; granted.

Theresa Nazario, for appellant.

No response.

Per Curiam.

Appellant, Cephus Brewer, by his attorney, Theresa Nazario, has filed a motion for rule on the clerk. His attorney admits that the notice of appeal was not filed in a timely manner due to a mistake on her part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we will treat as a motion for belated appeal. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

The motion for belated appeal is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.