Harrison v. State

Appellant Kenneth Harrison, by and through his attorney, Bill Luppen, has filed a motion for belated appeal. The clerk refused to accept the record because it was untimely. Counsel concedes in his motion for belated appeal before this court that he did not give all parties an opportunity to be heard on Harrison’s motion to extend the time for filing the transcript under Ark. R. App. P. — Civ. 5(b)(1)(C). The record thus reflects that counsel did not strictly comply with Rule 5.

We have held that Rule 5(b)(1) applies to both civil and criminal cases for the determination of the timeliness of a…