Burnett v. State

Supreme Court of Arkansas

Burnett v. State

44 S.W.3d 719, 345 Ark. 122, 2001 Ark. LEXIS 329

CourtSupreme Court of Arkansas

DecidedMay 24, 2001

DocketCR 01-525

StatusPublished

This text of 44 S.W.3d 719 (Burnett v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnett v. State, 44 S.W.3d 719, 345 Ark. 122, 2001 Ark. LEXIS 329 (Ark. 2001).

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Opinion

Per Curiam.

Appellant, Derrick Burnett, by his attorney, has filed a motion for rule on the clerk. On September 12, 2000, the Jefferson County Circuit Court revoked appellant’s probation and sentenced him to five years’ imprisonment in the Arkansas Department of Correction. His judgment and commitment order was entered on October 2, 2000. Appellant timely filed a notice of appeal on October 6, 2000. On January 5, 2001, appellant filed a motion for extension of time to docket the appeal, but the motion was filed one day past the ninety-day deadline for filing the record with the Supreme Court Clerk, as set forth in Ark. R. App. P. — Civil 5(a) (2000). As a result, appellant was granted a seven-month extension that also ran outside the applicable time limits.

Mr. Juneau admits in the instant motion that the record was tendered late 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 In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). Accordingly, we grant the motion for rule on the clerk. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Id.

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Per Curiam.

Appellant, Derrick Burnett, by his attorney, has filed a motion for rule on the clerk. On September 12, 2000, the Jefferson County Circuit Court revoked appellant’s probation and sentenced him to five years’ imprisonment in the Arkansas Department of Correction. His judgment and commitment order was entered on October 2, 2000. Appellant timely filed a notice of appeal on October 6, 2000. On January 5, 2001, appellant filed a motion for extension of time to docket the appeal, but the motion was filed one day past the ninety-day deadline for filing the record with the Supreme Court Clerk, as set forth in Ark. R. App. P. — Civil 5(a) (2000). As a result, appellant was granted a seven-month extension that also ran outside the applicable time limits.

Mr. Juneau admits in the instant motion that the record was tendered late 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 In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). Accordingly, we grant the motion for rule on the clerk. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Id.

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Bluebook (online)

44 S.W.3d 719, 345 Ark. 122, 2001 Ark. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnett-v-state-ark-2001.