Timothy Alan Ray v. State of Arkansas

Timothy RAY v. STATE of Arkansas

CR 02-317 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered April 18, 2002

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. [cme]

Motion for Rule on the Clerk; granted.

Wright & Vannoy, by: Herbert T. Wright, for appellant.

No response.

Per Curiam. Appellant, Timothy Ray, by and through his attorney, Herbert T. Wright, has filed a motion for belated appeal, which will be treated as a motion for rule on the clerk. See Johnson v. State, 342 Ark. 709, 30 S.W.3d 715 (2000) (citing ··_²-_http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=713&FindType=Y&SerialNum=1997248923-_²_··Muhammed v. State,··_²-_-_²_····_²-_http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=713&FindType=Y&SerialNum=1997248923-_²_·· 330 Ark. 759, 957 S.W.2d 692··_²-_-_²_·· ··²_Document0zzSDUNumber4²····_²-_http://www.westlaw.com/Find/Default.wl?rs=dfa1.0&vr=2.0&DB=713&FindType=Y&SerialNum=1997248923-_²_··(1997))··_²-_-_²_··. Mr. Wright admits in the instant motion that the record was tendered late due to a mistake on his part. We find that such an error, admittedly made by an 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).

Accordingly, we grant the motion for rule on the clerk. A copy of this opinion will be forwarded to the Committee on Professional Conduct.