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350 Ark. 455

Gaines v. State

Supreme Court of Arkansas

Decided October 31, 2002

Supreme Court of Arkansas · decided 2002-10-31

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

Decided 2002-10-31

Per Curiam.

¶1Appellant Norman Gaines, by his attorney, Robert L. Depper, Jr., has filed a motion for belated appeal. His attorney admits that the notice of appeal was not filed in a timely manner due to a mistake on his part.

¶2 We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion for belated appeal. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

¶3The motion for belated appeal is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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