Cite as 2015 Ark. 196
SUPREME COURT OF ARKANSAS
No. CR-15-330
DERECK PELLETIER Opinion Delivered May 7, 2015
APPELLANT MOTION FOR RULE ON CLERK
V.
STATE OF ARKANSAS MOTION GRANTED.
APPELLEE
PER CURIAM
Dereck Pelletier by and through his attorney, Robert R. Cortinez, Sr., has filed a
motion for rule on clerk. On December 17, 2014, the circuit court entered a sentencing
order. Pelletier timely filed a notice of appeal on January 8, 2015. Pelletier’s counsel tendered
the transcript on April 15, 2015. Pursuant to Arkansas Rule of Appellate Procedure–Criminal
4(b) (2014), Pelletier’s transcript was due no later than April 8, 2015.
In McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004), we said that there are only
two possible reasons for an appeal not being timely perfected: either the party or attorney
filing the appeal is at fault, or there is good reason. Id. at 116, 146 S.W.3d at 891. Pelletier’s
attorney has candidly admitted fault in the failure to timely file the transcript. When it is plain
from the motion, affidavits, and record that relief is proper under either rule based on error
or good reason, the relief will be granted, and if there is attorney error, a copy of the opinion
will be forwarded to the Committee on Professional Conduct. See id.
We grant Pelletier’s motion for rule on clerk. Because the failure to perfect this appeal
Cite as 2015 Ark. 196
lies with Pelletier’s counsel, a copy of this opinion will be forwarded to the Committee on
Professional Conduct.
Motion granted.
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