Clarence Manning v. State of Arkansas

              Clarence MANNING v. STATE of Arkansas

CR 97-102                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 17, 1997


Appeal & error -- motion for rule on 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.

     Motion for Rule on the Clerk; granted.
     Chris Jester, for appellant.
     No response.

     Per Curiam.
     Clarence Manning, by his attorney, has filed a motion for a
rule on the clerk.
     His attorney, Chris Jester, admits in his motion that the
record was tendered 48 days 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
In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per
curiam).
     The motion is, therefore, granted.  A copy of this opinion
will be forwarded to the Committee on Professional Conduct.