Criminal Law · MBE-tested

Gloria Jean POLLETTA v. STATE of Arkansas

327 Ark. 677939 S.W.2d 310·Arkansas Supreme Court·1997·AR

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Opinion

Gloria Jean POLLETTA v. STATE of Arkansas CR 97-218 939 S.W.2d 310 Supreme Court of Arkansas Opinion delivered March 17, 1997 Constance G. Grayson, for appellant. No response. [MAJORITY — Per Curiam.] Per Curiam. Appellant, Gloria Jean Polletta, by her attorney, Constance G. Grayson, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of her petition for postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. Her attorney admits by motion that the record was tendered late due to a mistake on her 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). The motion is therefore granted. McCready v. State, 325 Ark. 418, 924 S.W.2d 813 (1996) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct.