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304 Ark. 587

Montgomery v. State

Supreme Court of Arkansas

Decided February 18, 1991

Supreme Court of Arkansas · decided 1991-02-18

Relies on Rogers v. State

Decided 1991-02-18

Per Curiam.

¶1Appellant Jimmy Don Montgomery, by his attorney, has filed a motion for a rule on the clerk.

¶2His attorney, C.D. Mitchell, admits by motion and brief that the record was tendered late due to a mistake on his part.

¶3 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.

¶4The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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