Moore v. State

Pursuant to this court’s order in Moore v. State, 359 Ark. 370, 197 S.W.3d 447 (2004), the circuit court made findings of fact on the issue of attorney fault in failing to timely file the record on appeal. On November 23, 2004, the circuit court held a hearing and on December 3, 2004, the circuit court’s Findings of Fact were filed in this court. We conclude that there is attorney fault.

Under Ark. R. App. — Civ. 5(a), the record on appeal must be filed within ninety days of the filing of the notice of appeal. Moore filed a. pro se notice of appeal on June 15, 2004, making the record due by…