APPEAL ERROR — MOTION FOR RULE ON THE 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.
Petitioner Howard D. Davis, by his attorney, has filed a second motion for a rule on the clerk. His attorney, Robert Meurer, has by affidavit admitted it was his fault that the record was not timely tendered.
We find that the error, admittedly made by the criminal defendant's attorney, is good cause to grant the motion for a rule on the clerk.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.