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Kimberly L. SMITH v. STATE of Arkansas

APPEAL ERROR — MOTION FOR BELATED APPEAL — GOOD CAUSE TO GRANT. — Where the attorney for a criminal defendant failed to give timely notice of appeal but acknowledged that it was her responsibility to give a timely notice of appeal and the failure to do so was entirely her fault, the motion for belated appeal was granted.

PER CURIAM.

Kimberly L. Smith was convicted of first degree murder and is currently serving a forty-year sentence in prison. Her attorney, P. J. Maddox-Cook, failed to give timely notice of appeal. The attorney has acknowledged that it was her responsibility to give a timely notice of appeal and the failure to do so was entirely her fault. Accordingly, we grant the motion for belated appeal and direct that a copy of this order be filed with the Committee on Professional Conduct. See Young v. State, 318 Ark. 235, 884 S.W.2d 591 (1994) In re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).

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SMITH v. STATE
(Dec 12, 1994)