Wertz v. State

Appellant Steven Wertz, by and through his attorney, Gregory E. Bryant, moves this court to file a belated brief. Wertz’s brief, after a forty-five day final extension, was due on January 31, 2008. On January 28, 2008, Wertz timely filed a motion to extend the time in which to file his brief, which we denied on February 1, 2008. He then tendered his brief to this court’s clerk on February 19, 2008, at which time he filed the instant motion.

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).…