McDONALD v. STATE

No. CR 03-957.

124 S.W.3d 438 (2003)

Randolph McDONALD, v. STATE of Arkansas.

Supreme Court of Arkansas.

Order Denying Reconsideration November 6, 2003.


Attorney(s) appearing for the Case

Laura Cunningham, Benton County Public Defender, for appellant.

No response.


MOTION FOR RULE ON THE CLERK.

PER CURIAM.

Randolph McDonald, by attorney Laura Cunningham, has filed a motion for rule on the clerk. The clerk refused to file McDonald's appeal because the notice of appeal was untimely. McDonald seeks an order that the clerk be instructed to file the appeal because the clerk erred in misapprehending the facts or misinterpreting the law. We deny the motion.

McDonald states that he is proceeding under Ark. R.Crim. P...

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