#### Johnny Lee TUBBS v. STATE of Arkansas

706 S.W.2d 180

Supreme Court of Arkansas

Opinion delivered March 24, 1986

*422 David H. McCormick, for appellant.

No response.

Per Curiam.

Appellant, Johnny Lee Tubbs, by his attorney, David H. McCormick, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to his miscalculation of the ninety-day limit for filing the record in this Court. See Ark. R. App. P. 5(a).

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, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981).

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

Purtle, J., not participating.