Simmons v. State

Supreme Court of Arkansas

Simmons v. State

159 S.W.3d 312, 357 Ark. 38, 2004 Ark. LEXIS 217

Supreme Court of Arkansas·Decided April 15, 2004·No. CR 04-313·Published

Opinion

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.

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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.

Simmons v. State, 159 S.W.3d 312, 357 Ark. 38, 2004 Ark. LEXIS 217 (Ark. 2004).

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