Deborah (Debbie) L. Jacks v. State of Arkansas

Deborah (Debbie) L. JACKS

v. STATE of Arkansas

CR 01-291 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered April 5, 2001

Appeal & error -- motion for belated appeal -- granted for good cause. -- Where the notice of appeal is tendered late due to a mistake on the part of appellant's counsel, such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant a motion for belated appeal; the motion was granted. [cme]

Motion to File Belated Appel; granted.

Mark S. Frasier, for appellant.

No response.

Per Curiam. Appellant, Deborah L. Jacks, by and through her attorney, has filed a motion to file belated appeal. Her attorney, Mark S. Frasier, accepts responsibility for the untimeliness in filing a notice of appeal and states in his affidavit that the notice of appeal 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 ReBelated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

Therefore, the motion is granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.