Mancia v. State

• Decision Date: 01 December 2011
• Docket Number: No. CR11-556,CR11-556
• Parties: CRISTOBAL MANCIA, APPELLANT, v. STATE OF ARKANSAS, APPELLEE,
• Court: Arkansas Supreme Court

2011 Ark. 507

CRISTOBAL MANCIA, APPELLANT,

v.STATE OF ARKANSAS, APPELLEE,

No. CR11-556

SUPREME COURT OF ARKANSAS

Opinion Delivered December 1, 2011

MOTION TO RECONSIDER

DISMISSAL AND REINSTATE

APPEAL; MOTION TO FILE

BELATED

BRIEF

GRANTED.

PER CURIAM

Appellant Cristobal Mancia, by and through his attorney, Dana A. Reece, moves this court to reconsider our dismissal and reinstate the appeal and to file a belated brief. Mancia's brief, after a final extension, was due on August 25, 2011. On October 5, 2011, the State filed a motion to dismiss as no brief had been filed. This court granted that motion on October 27, 2011. Upon receiving the order of dismissal, Mancia filed the instant motion on November 4, 2011.

We will accept a criminal appellant's belated brief to prevent an appeal from being aborted. See Stewart v. State, 319 Ark 242, 889 S.W.2d 771 (1995). However, good cause must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (per curiam) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief); Brown v. State, 347 Ark. 362, 64 S.W.3d 274 (2002) (per curiam) (holding that attorney's admitted error was good cause togrant the motion); James v. State, 329 Ark. 58, 945 S.W.2d 941 (1997) (per curiam).

Reece states in the motion that she inadvertently missed the deadline. Her fault is clear from the record and constitutes good cause. See, e.g., Young v. State, 372 Ark. 219, 272 S.W.3d 109 (2008) (per curiam). Accordingly, we grant the instant motions to reconsider dismissal and reinstate appeal and to file belated brief. Additionally, we refer the matter to the Committee on Professional Conduct.

Motions granted.