SUPREME COURT OF ARKANSAS
RONALD EUGENE BROWN,
STATE OF ARKANSAS,
Opinion Delivered March 9, 2006
MOTION FOR RULE ON CLERK
APPEAL & ERROR – MOTION FOR RULE ON CLERK – GRANTED. – Appellant’s attorney stated
in the motion that the record was tendered late due to a mistake on his part.
Motion for Rule on Clerk, granted.
Joseph P. Mazzanti, III, for appellant.
Appellant Ronald E. Brown, by and through his attorney, has filed a motion for rule
on clerk. His attorney, Joseph P. Mazzanti, III, states in the motion that the record was
tendered late due to a mistake on his part. He explains that he failed to include in the order
extending time within which to file the record a declaration pursuant to Ark. R. App. P.–
Rule 5 of the Arkansas Rules of Appellate Procedure - Civil applies in criminal
cases. Moore v. State, ___ Ark. ___, ___ S.W.3d ___ ( Nov. 4, 2004).
Civ. 5(b)(1)(C) that all parties had the opportunity to be heard on the motion or waived such
right. Because Mazzanti has admitted fault, this motion is granted pursuant to McDonald v.
State, 356 Ark. 106, 146 S.W.3d 883 (2004). A copy of this opinion will be forwarded to the
Committee on Professional Conduct.