#### Troy Michael McKINNEY v. STATE of Arkansas

711 S.W.2d 162

Supreme Court of Arkansas

Opinion delivered June 30, 1986

Michael R. Salamo, for appellant.

Steve Clark, Att’y Gen., by; Theodore Holder, Asst. Att’y Gen., for appellee.

Per Curiam.

The appellant was convicted on March 7,1985 and filed a notice of appeal on April 8,1985. The record was thus due in the clerk’s office within 90 days of the filing of the notice of appeal.

On March 7> 1986 the appellant’s attorney, Michael R. Salamo, filed a motion for a rule on clerk to lodge the transcript claiming that the attorney-client relationship necessary for effective assistance had dissolved which affected a timely filing of this transcript. On March 24, 1986, this court remanded the case to the trial court for a determination of the attorney-client relationship existing between the parties. On May 3,1986 the trial court held a hearing and found that the attorney-client relationship existed at the time the transcript should have been filed and still exists. The attorney filed a second motion for rule on clerk on behalf of the appellant on June 16, 1986, which stated the same grounds.

*385In similar circumstances we have held we will not permit a record to be filed unless the attorney assumes full responsibility for presenting it late. Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986). A statement that it was someone else’s fault or no one’s fault will not suffice. Moore v. State, 268 Ark. 191, 600 S.W.2d 1 (1980).

If the appellant’s attorney files a motion and affidavit in this case accepting full responsibility for not perfecting the appeal, then the motion will be granted. That negligence will be duly noted and a copy of the opinion granting the motion will be forwarded to the Committee on Professional Conduct.