Tubbs v. State, 288 Ark. 421, 706 S.W.2d 180 (1986)

March 24, 1986 · Arkansas Supreme Court

288 Ark. 421, 706 S.W.2d 180

Johnny Lee TUBBS v. STATE of Arkansas

706 S.W.2d 180

Supreme Court of Arkansas

Opinion delivered March 24, 1986

David H. McCormick, for appellant.

No response.

Per Curiam.

Appellant, Johnny Lee Tubbs, by his attorney, David H. McCormick, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to his miscalculation of the ninety-day limit for filing the record in this Court. See Ark. R. App. P. 5(a).

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981).

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

Purtle, J., not participating.