McKIMM v. STATE

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, Raenita McKimm, by and through her attorneys, Hickam Williams, P.A., has filed a motion for rule on the clerk. Her attorney, D. Scott Hickam, admits that the record was submitted late due to his miscalculation of the seven-month maximum limit for filing the record in this Court. See Ark. R. App. P. 5.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981).

A copy of this opinion will be forwarded to the Committee on Professional Conduct.