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Dirk JOHNSON v. STATE of Arkansas

APPEAL ERROR — MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by the attorney for a criminal defendant that he has failed to file the notice of appeal on time is good cause to grant a motion for belated appeal.

PER CURIAM.

Petitioner, Dirk Johnson, by his attorney, Norman M. Smith, has filed a motion for belated appeal. His attorney admits that he failed to file the notice of appeal on time.

[1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 295 Ark. 964 (1979) (per curiam).

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

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JOHNSON v. STATE
(Feb 26, 1998)