Stith Reece Edmondson, III v. State of Texas--Appeal from 29th District Court of Palo Pinto County

11th Court of Appeals

Eastland, Texas

Opinion

Stith Reece Edmondson, III

Appellant

Vs. No. 11-01-00208-CR B Appeal from Palo Pinto County

State of Texas

Appellee

The jury convicted appellant of aggravated assault of a public servant in Trial Court Cause No. 11,217. The jury then assessed punishment at confinement for life and a $10,000 fine. The trial court imposed the sentence on May 6, 1999. On July 20, 2000, this court affirmed the conviction and sentence but remanded the cause with directions to the trial court to modify the sentence to delete the deadly weapon finding. Stith Reece Edmondson, III v. State, No. 11-99-00124-CR (Tex.App - Eastland 2000, pet=n ref=d)(opinion not published). On February 8, 2001, the trial court entered a corrected judgment, and appellant perfected this appeal.

On April 11, 2002, this court issued an order requesting that appellant respond showing grounds for continuing the appeal. Appellant has responded by filing a motion to abate the proceedings and an amended motion to abate the proceedings. Appellant contends that he is not appealing from the trial court=s corrected judgment entered on February 8, 2001, but that he is instead appealing from the June 7, 2001, order of the trial court overruling his motion for new trial based on newly discovered evidence. Appellant seeks the removal of this court=s April 11 order from the record.

An appeal is perfected not from the order on the motion for new trial but from the underlying conviction. TEX.R.APP.P. 26.2(a). Moreover, the record before this court reflects that neither of appellant=s motions for new trial were timely. TEX.R.APP.P. 21.4. Appellant filed a Amotion for new trial - newly discovered evidence@ on December 18, 2000, and filed an Aamended - motion for new trial - newly discovered evidence@ on March 21, 2001.

Both of appellant=s motions to abate the proceedings are overruled. The appeal is dismissed for want of jurisdiction.

PER CURIAM

May 16, 2002

Do not publish. See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.