
    Ricky TERRELL v. STATE of Arkansas
    745 S.W.2d 135
    Supreme Court of Arkansas
    Opinion delivered February 22, 1988
    
      
      M. Watson Villines II, for appellant.
    No objection.
   Per Curiam.

The appellant, Ricky Terrell, by his attorney, M. Watson Villines II, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late in that it contains no written indication that within thirty days from the filing of a motion for new trial, a ruling was obtained from the trial court either that the motion was being taken under advisement or that the matter was set for hearing on a definite date. Ark. R. App. P. 4(c); Smith v. Boone, 284 Ark. 183, 680 S.W.2d 709 (1984).

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981).

A copy of this opinion will be forwarded to the Committee on Professional Conduct. In re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).  