#### Donald SIMMONS v. STATE of Arkansas

CR 04-313

159 S.W.3d 312

Supreme Court of Arkansas

Opinion delivered April 15, 2004

Alvin Schay, for appellant.

No response.

Per Curiam.

Appellant Donald Simmons, by and through am. attorney, has filed a motion for belated appeal. His attorney, Alvin Schay, states in the motion that the record was tendered late due to a mistake on his part.

We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

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