Opinion
97-1305
Opinion delivered November 20, 1997
APPEAL ERROR — MOTION FOR RULE ON CLERK TREATED AS MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by the attorney for a criminal defendant that the notice of appeal was not filed in a timely manner due to a mistake on his part is good cause to treat a motion for rule on the clerk as one for belated appeal and to grant the motion.
Motion for Rule on the Clerk treated as Motion for Belated Appeal; granted.
Alvin Schay, for appellant.
No response.
This is a juvenile delinquency proceeding in which, appellant, W.W., by his attorney, Alvin Schay, has filed a motion for rule on the clerk. His attorney admits that the notice of appeal was not filed in a timely manner due to a mistake on his part.
[1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we will treat as a motion for belated appeal. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).
The motion for belated appeal is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.