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BENJAMIN J. KREIN v. STATE OF ARKANSAS

APPEAL ERROR — MOTION FOR BELATED APPEAL GRANTED — COUNSEL ADMITTED FAULT — GOOD CAUSE SHOWN. — Where counsel for a criminal defendant admitted fault in filing the notice of appeal before the judgment of commitment was filed, the motion for belated appeal was granted.

[1] PER CURIAM.

Appellant Benjamin J. Krein moves for a belated appeal pursuant to Ark. R. Crim. P. 36.9 and states that a notice of appeal in this matter was filed on March 21, 1994, and that the judgment of commitment was filed subsequently on May 5, 1994. His attorney, James E. Evans, Jr., admits fault in failing to file the notice of appeal in timely fashion.

The motion for belated appeal is granted. A copy of this order will be forwarded to the Committee on Professional Conduct.

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KREIN v. STATE
(Oct 3, 1994)