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WORTHINGTON v. STATE

No. RC 89-73.

786 S.W.2d 117 (1990)

301 Ark. 354

John R. WORTHINGTON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 26, 1990.

Attorney(s) appearing for the Case

T.B. Patterson, Jacksonville, for appellant.

Steve Clark, Atty. Atty. Gen., Little Rock, for appellee.

MOTION FOR RULE ON THE CLERK

Petitioner, John R. Worthington, is attempting to appeal from a conviction of first offense DWI.

Worthington has requested that the clerk accept the record tendered as a result of his notice of appeal. The clerk has refused to file the record because it was not tendered in conformance with Ark.R.App.P. 5(a) and 5(b).

Rule 5(a) provides in pertinent part as follows:

The record on appeal shall be filed with...

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