Criminal Law · MBE-tested

Donald SIMMONS v. STATE of Arkansas

357 Ark. 38159 S.W.3d 312·Arkansas Supreme Court·2004·AR

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Opinion

Donald SIMMONS v. STATE of Arkansas CR 04-313 159 S.W.3d 312 Supreme Court of Arkansas Opinion delivered April 15, 2004 Alvin Schay, for appellant. No response. [MAJORITY — Per Curiam.] 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.