Brewer v. State

Supreme Court of Arkansas

Brewer v. State

973 S.W.2d 482, 334 Ark. 234, 1998 Ark. LEXIS 479

Supreme Court of Arkansas·Decided September 10, 1998·No. CR 98-935·Published·Cited by 2 cases

Opinion

Per Curiam.

Appellant, Cephus Brewer, by his attorney, Theresa Nazario, 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 her 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.

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Per Curiam.

Appellant, Cephus Brewer, by his attorney, Theresa Nazario, 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 her 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.

Brewer v. State, 973 S.W.2d 482, 334 Ark. 234, 1998 Ark. LEXIS 479 (Ark. 1998).

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