JONES v. STATE

APPEAL ERROR — MOTION FOR RULE ON CLERK TREATED AS MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — Where counsel stated by motion for rule on the clerk that he had miscalculated the number of days in which to file a notice of appeal and consequently filed the notice one day late, the supreme court treated the matter as a motion for a belated appeal; an admission of such an error by the attorney for a criminal defendant is good cause to grant the motion.

PER CURIAM.

Appellant George Jones, Jr., by his attorney, Davis H. Loftin, has filed a motion for rule on the clerk. We treat this as a motion for a belated appeal. Mr. Loftin states by motion that he miscalculated the number of days in which to file a notice of appeal and, as a result, filed the notice one day late.

[1] We find that such an error, admittedly made by the 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.