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PACK v. STATE

Supreme Court of Arkansas
Jan 28, 1999

APPEAL ERROR — MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the appeal was not timely filed due to a mistake on his part is good cause to grant a motion for belated appeal.

PER CURIAM.

Appellant Shane Pack, by and through his attorney, has filed a motion for belated appeal. His attorney, Clarence W. Cash, admits by motion that the appeal was not timely filed 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).

[1] The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.