McDaniels v. State (Per Curiam)

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Cite as 2013 Ark. 197 SUPREME COURT OF ARKANSAS No. CR13-301 WILLIE McDANIELS Opinion Delivered May 9, 2013 APPELLANT MOTION FOR BELATED APPEAL V. STATE OF ARKANSAS APPELLEE GRANTED. PER CURIAM Appellant, Willie McDaniels, by and through his attorney, Lee D. Short, has filed a motion for belated appeal. On June 15, 2012, appellant filed a petition for post-conviction relief under Rule 37. The State responded on July 12, 2012. On November 30, 2012, the trial court issued an order denying the petition without a hearing. The notice of appeal was filed on January 4, 2013. Attorney Short admits that the notice of appeal was untimely filed due to his error, with no fault attributable to the appellant. Where an attorney candidly admits fault for failing to perfect an appeal, we will grant the motion for belated appeal, and a copy of the opinion will be forwarded to the Committee on Professional Conduct. See McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). Accordingly, we grant the motion and forward a copy of this opinion to the Committee. Motion granted. James Law Firm, by: Lee D. Short, for appellant. No response.

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