Gloria Jean Polletta v. State of Arkansas

            Gloria Jean POLLETTA v. STATE of Arkansas

CR 97-218                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 17, 1997


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.

     Motion for Rule on the Clerk; granted.
     Constance G. Grayson, for appellant.
     No response.

     Per Curiam.
     Appellant, Gloria Jean Polletta, by her attorney, Constance G.
Grayson, has filed a motion for a rule on the clerk.  Appellant
filed a timely notice of appeal from the denial of her petition for
postconviction relief pursuant to Rule 37 of the Arkansas Rules of
Criminal Procedure.  Her attorney admits by motion that the record
was tendered late due to a mistake on her 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.  McCready v. State, 325
Ark. 418, 924 S.W.2d 813 (1996) (per curiam).
     A copy of this opinion will be forwarded to the Committee on
Professional Conduct.