#### Timothy L. WADDLE and Irene L. Waddle v. STATE of Arkansas

CR 97-71

936 S.W.2d 554

Supreme Court of Arkansas

Opinion delivered February 3, 1997

C. Richard Lippard, for appellant.

No response.

Per Curiam.

The appellants, Timothy L. Waddle and Irene L. Waddle, have filed a motion for rule on the clerk. Their attor*205ney, C. Richard Lippard, admits that the notice of appeal was untimely filed due to a mistake on his part.

We treat appellants’ request for rule on the clerk as a motion for a belated appeal. See, e.g., Hicks v. State, 325 Ark. 192, 923 S.W.2d 872 (1996). We find that the error of failing to timely file a notice of appeal, admittedly made by counsel for criminal defendants, is good cause to grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

We grant the motion for belated appeal. A copy of this opinion will be forwarded to the Committee on Professional Conduct.