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MOORE v. STATE

Supreme Court of Arkansas.
Jul 2, 1998

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.

PER CURIAM.

George Mitchell Moore, by his attorney, has filed a motion to file belated appeal.

His attorney, John R. Irwin, admits in his motion that the record was tendered late due to a mistake on his part.

[1] We find an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we shall treat as a motion for rule on the clerk. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

The motion for rule on the clerk is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.