Fry v. State, 308 Ark. 97, 822 S.W.2d 849 (1992)

Jan. 21, 1992 · Arkansas Supreme Court · RC 91-56

308 Ark. 97, 822 S.W.2d 849

Bennie L. FRY, Jr. v. STATE of Arkansas

RC 91-56

822 S.W.2d 849

Supreme Court of Arkansas

Opinion delivered January 21, 1992

Tom Gamer, for appellant.

Winston Bryant, Att’y Gen., by: Clint Miller, Senior Asst. Att’y Gen., for appellee.

Per Curiam.

Appellant, Bennie L. Fry, Jr., by his attorney, has filed a motion for a rule on the clerk.

His attorney, Tom Garner, admits by motion that the record was tendered late due to a mistake on his part.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

The motion is, therefore, granted.

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