Diggs v. State

Supreme Court of Arkansas

Diggs v. State

958 S.W.2d 303, 331 Ark. 356, 1998 Ark. LEXIS 66

CourtSupreme Court of Arkansas

DecidedFebruary 5, 1998

DocketCR 97-1566

StatusPublished

This text of 958 S.W.2d 303 (Diggs 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

Diggs v. State, 958 S.W.2d 303, 331 Ark. 356, 1998 Ark. LEXIS 66 (Ark. 1998).

Pincite

Opinion

Per Curiam.

Appellant Michael Shane Diggs, by his attorney, has filed a motion for rule on the clerk.

On May 29, 1997, the Drew County Circuit Court entered a judgment convicting appellant of burglary and theft of property. On May 30, 1997, appellant filed a motion for new trial. Appellant’s notice of appeal from the judgment of conviction was filed on June 25, 1997. Appellant’s attorney failed to file a notice of appeal after the motion for new trial was deemed denied on June 30, 1997.

Although the notice of appeal from the judgment of conviction was filed in a timely manner, appellant’s attorney, John F. Gibson, Jr., admits that a notice of appeal from the denial of appellant’s motion for new trial 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.

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