NELSON v. STATE

CRIMINAL PROCEDURE — BELATED APPEALS IN CRIMINAL CASES — ADMISSION BY ATTORNEY THAT LATE TENDER OF RECORD WAS DUE TO MISTAKE ON HIS PART — GOOD CAUSE TO GIANT MOTION FOR RULE ON CLERK. — An affidavit by an attorney for a criminal defendant, attached to a motion for rule on the clerk, admitting that the record was tendered late due to a mistake on the attorney's part, is good cause to grant the motion.

PER CURIAM.

Appellant Johnny Lee Nelson, by his attorney, has again filed for a rule on the clerk. In a Per Curiam Opinion issued March 23, 1981, we denied a similar motion.

His attorney, Ray Baxter, has attached an affidavit admitting that the record was tendered late due to a mistake on his part.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases.

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