Rogelio v. State

Basilio and Rogelio Reyes, by their attorney, have filed a motion for rule on the clerk.

The motion admits that the record was not timely filed and that it was no fault of the appellants.

This court has held that we will grant a motion for rule on the clerk when the attorney admits that the record was not timely filed due to an error on his part. See, e.g., Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986). Here, the attorney does not admit fault on his part. We have held that a statement that it was someone else’s fault or no one’s fault will not suffice. Clark v. State, 289 Ark. 382, 711…