Rufus A. Box v. State of Arkansas

Rufus Antonio BOX v. STATE of Arkansas

CR 02-751 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered September 5, 2002

Appeal & error -- motion for belated appeal -- good cause for granting. -- An admission by an attorney for a criminal defendant that the notice of appeal was filed late due to a mistake on his part is good cause for granting a motion for belated appeal.

Motion for Belated appeal; granted.

David Mark Gunter, for appellant.

No response.

Per Curiam. Appellant Rufus Antonio Box, by and through attorney, David Mark Gunter, has filed a motion for belated appeal. Attorney, David Mark Gunter, states in the motion that the notice of appeal was filed 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.