Hezekiah PIERCE v. STATE of Arkansas

CR 05-230

206 S.W.3d 247

Supreme Court of Arkansas

Opinion delivered March 31, 2005

Jonathan T. Lane, for appellant.

No response.

Per Curiam.

Hezekiah Pierce, by his attorney, Jonathan T. Lane has filed a motion for rule on the clerk. His attorney admits that the notice of appeal was not filed in a timely manner due to a mistake on his part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion, which we will treat as a motion for belated appeal. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

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