Robinson v. State, 342 Ark. 711, 30 S.W.3d 109 (2000)

Nov. 16, 2000 · Arkansas Supreme Court · CR 99-1112
342 Ark. 711, 30 S.W.3d 109

Terrance ROBINSON and Tamagum Antonio Robinson v. STATE of Arkansas

CR 99-1112

30 S.W.3d 109

Supreme Court of Arkansas

Opinion delivered November 16, 2000

Lewellen & Associates, by: Roy C. Lewellen, for appellants.

Mark Pryor, Att’y Gen., by: David R. Raupp, Sr. Ass’t Att’y Gen., for appellee.

Per Curiam.

Appellants Terrance Robinson and Tamagum Antonio Robinson, by and through their attorney, have filed a motion for belated appeal. This court held that the appeal was untimely due to a premature filing of a posttrial motion in Robinson v. State, 342 Ark. 711, 30 S.W.3d 109 (2000). Their attorney, Roy C. Lewellen, admits by motion and affidavit that the appeal was not timely filed 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).

The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.