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298 Ark. 605

Summers v. State

Supreme Court of Arkansas

Decided May 8, 1989

Supreme Court of Arkansas · decided 1989-05-08

Relies on Rogers v. State · Terry v. State · Terry v. State

Decided 1989-05-08

Per Curiam.

¶1Appellant, Charles Summers, by his attorney, Lynn F. Plemmons, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to miscalculation of the ninety-day limit for filing the record in this Court. See Ark. R. App. P. 5(a).

¶2 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).

¶3A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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