Daniels v. State
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SUPREME COURT OF ARKANSAS
No.
CR09-370
ANTONIO DANIELS,
Opinion Delivered
May 21, 2009
APPELLANT,
MOTION FOR RULE ON THE
CLERK
VS.
STATE OF ARKANSAS,
APPELLEE,
REMANDED.
PER CURIAM
Antonio Daniels, by and through his attorney Dale West, has resubmitted a motion
for rule on the clerk following our per curiam dated April 30, 2009. See Daniels v. State, ___
Ark. ___, ___ SW3d ___ (April 30, 2009). Pursuant to the April 30, 2009 per curiam, the
December 11, 2008 circuit court order granting the extension of time was remanded for
failure to state that all parties consent to the extension and because it did not state the length
of the extension granted as required by Arkansas Rule of Appellate Procedure–Criminal 4.
We are now presented with a May 6, 2009 order; however, again, the length of time of the
extension is not stated in the order. Pursuant to Arkansas Rule of Appellate Procedure–4(c),
the circuit court may enter an order granting an extension. The May 6, 2009 order presented
complies with Arkansas Rule of Appellate Procedure 4(c)(1)(A-E) in that it shows the
requirements for an extension are met; however, while it amends the earlier December 11,
2008 order that granted an extension, neither order states the length of time and date on
which the extension expires. We remand the matter to the circuit court for compliance with
Rule 4(c)(1).
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