Mancia v. State (Per Curiam)

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Cite as 2012 Ark. 25 SUPREME COURT OF ARKANSAS No. CR11-556 CRISTOBAL MANCIA Opinion Delivered January 26, 2012 APPELLANT MOTION TO FILE BELATED BRIEF V. STATE OF ARKANSAS APPELLEE GRANTED. PER CURIAM Appellee State of Arkansas, by and through Senior Assistant Attorney General, David R. Raupp, moves this court to file a belated brief. On October 27, 2011, this court granted a motion to dismiss appeal due to appellant’s failure to timely file brief. The appellant then filed a motion to reconsider dismissal and reinstate appeal and motion to file belated brief, both of which this court granted on December 1, 2011. The appellee’s brief was due on January 2, 2012. The State filed the instant motion on January 12, 2012. Mr. Raupp states in the motion that the missed deadline was due to a clerical error and admits fault for the failure to timely file the appellee’s brief. Because this court benefits from adversarial briefing, we grant the State’s motion. Nonetheless, because the brief is admittedly untimely, we refer the matter to the Committee on Professional Conduct. Motion granted.