The opinion
Brown, J., dissents. I would grant the motion for the reasons stated in my dissent in Tarry v. State, 346 Ark. 267 , 57 S.W.3d 163 (2001) (per curiam) (Brown, J., dissenting). The circuit clerk was partly responsible for the delayed filing of the record.
Hannah, J., joins in the dissent. Corbin, J., not participating.