WARE v. STATE, 346 Ark. 27 (2001)

Alex WARE, Appellant v. STATE of Arkansas, Appellee

CR 01-910
53 S.W.3d 524Supreme Court of Arkansas.
Opinion Delivered September 13, 2001

Appeal error — motion for rule on clerk — good cause for granting. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk. [cme]

Motion for Rule on the Clerk; granted.

Gerald A. Coleman, for appellant.

No response.

PER CURIAM.

Appellant Alex Ware, by and through his attorney, has filed a motion for rule on clerk. His attorney, Gerald A. Coleman, states in the motion that the record was tendered 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.

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