Benjamin C. Duke v. State of Arkansas

Benjamin C. DUKE v. STATE of Arkansas

CR 01-967 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered September 27, 2001

Appeal & error -- motion for belated appeal & rule on clerk -- good cause for granting. -- An admission by an attorney for a criminal defendant that the notice of appeal was tendered late due to a mistake on his part is good cause to grant a motion for belated appeal and rule on the clerk. [cme]

Motion for Belated Appeal and Rule on the Clerk; granted.

Bryan P. Christian, for appellant.

No response.

Per Curiam. Appellant, Benjamin C. Duke, by and through his attorney, Bryan Christian, has filed a motion to file a belated appeal. His attorney accepts responsibility for the untimeliness in filing a notice of appeal and states in his motion that the notice of appeal was tendered late due to a mistake on his part. We find that such 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); Jacks v. State, 344 Ark. 405, 39 S.W.3d 798 (2001).

Appellant's motion is granted. A copy of this per curiam will be forwarded to the Committee on Professional Conduct.