Nichols v. State, 303 Ark. 328, 796 S.W.2d 346 (1990)

Oct. 8, 1990 · Arkansas Supreme Court · RC 90-36
303 Ark. 328, 796 S.W.2d 346

Terry Wade NICHOLS v. STATE of Arkansas

RC 90-36

796 S.W.2d 346

Supreme Court of Arkansas

Opinion delivered October 8, 1990

J.R. Atkinson, Jr., for appellant.

No response.

Per Curiam.

Appellant, Terry Wade Nichols, by his attorney, J. F. Atkinson, Jr., has filed a motion for reconsideration of his 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, In Re: Belated Appeals in Criminal Cases, 265 Ark. 964; Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981).

A copy of this opinion will be forwarded to the Committee on *329Professional Conduct.