Peace, Steven Ray v. State

• Court: Court of Appeals of Texas
• Decided: September 23, 2004
• Docket: 14-04-00872-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed September 23, 2004

Dismissed and Memorandum Opinion filed September 23, 2004.

In The

Fourteenth Court of Appeals

____________

      NO. 14-04-00872-CR

STEVEN RAY PEACE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 967,801

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from the denial of appellant=s motion for new trial. 

In case number, 14-04-00233-CR, appellant has appealed his conviction for the offense of murder.  In this appeal, appellant attempts to bring a separate appeal from the denial of his motion for new trial.  Appellant may challenge the denial of the motion for new trial in the appeal from appellant=s conviction.  Accordingly, appellate timetables for perfection run from the date of sentencing or the signing of an appealable order, not from the overruling of a motion for new trial.  Tex. R. App. P. 26.2.  An appeal from the denial of a motion for new trial, separate and apart from an appeal from the conviction, is therefore improper.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 23, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.

Do Not Publish C Tex. R. App. P. 47.2(b).