#### Gardner SMITH, Jr. v. STATE of Arkansas

631 S.W.2d 835

Supreme Court of Arkansas

Opinion delivered May 3, 1982

Charles P. Allen, for appellant.

Steve Clark, Atty. Gen., by. Alice Ann Burns, Asst. Atty. Gen., for appellee.

*56Per Curiam.

Gardner Smith, Jr., by his attorney, has filed for a rule on the clerk.

His attorney, Charles P. Allen, has attached an affidavit admitting 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.

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