CLEM v. STATE

Appeal error — motion for rule on clerk — good cause for granting. — An admission by attorneys for a criminal defendant that the record was tendered late due to a mistake on their part is good cause to grant a motion for rule on the clerk.

PER CURIAM.

Appellant Joe Edwin Clem, by and through his attorneys, has filed a motion for rule on clerk. His attorneys, Jon A. Williams and Val Price, state in the motion that the record was tendered late due to a mistake on their part.

[1] 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.