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Jason McCONNELL v. STATE of Arkansas

MOTIONS — MOTION FOR RULE ON CLERK TREATED AS MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by the 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, which the supreme court will treat as a motion for belated appeal.

PER CURIAM.

Jason McConnell, by and through his attorney, has filed a motion for a rule on the clerk.

His attorney, Michael L. Allison, admits in his motion that the record was tendered late due to a mistake on his part.

[1] We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we will treat as a motion for belated appeal. 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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McCONNELL v. STATE
(Apr 3, 2003)