#### Kelly HUGGINS v. STATE of Arkansas

RC 91-3

807 S.W.2d 660

Supreme Court of Arkansas

Opinion delivered April 29, 1991

Christopher Carter, for appellant.

Winston Bryant, Att’y Gen., by: Clint Miller, Sr. Asst. Att’y Gen., for appellee.

Per Curiam.

Appellant Kelly Huggins, by his attorney, has filed a motion for a rule on the clerk.

His attorney, Christopher O’Hara Carter, admits that the failure to file the record in time was 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.

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

Appellant further moves for a declaration that he is indigent *393under Supreme Court Rule 28. That motion is granted.

Appellant’s counsel moves to dismiss his previous petition to withdraw as counsel. That motion, too, is granted.