A former sheriff’s deputy appealing a misdemeanor battery conviction will stand trial in May.

Eugene Watlington, 46, of Vilonia was convicted of third-degree battery for a May 2015 incident where he kicked and stomped on a confidential informant.

An appeal trial was scheduled to take place Sept. 27 but was delayed at the defense’s request.

Lee D. Short, who represents Watlington, filed a motion for continuance stating the defense needed "additional time to prepare for trial" one week prior to the scheduled jury trial.

Circuit Judge Charles "Ed" Clawson signed an order Tuesday that moved the trial to May 10.

Special Judge Mark Derrick of White County convicted Watlington of third-degree battery in February.

Following an April 7 sentencing hearing, Watlington was ordered to serve 90 days in jail and pay a $1,060 fine. However, by appealing the misdemeanor conviction the process was put on hold. Misdemeanor appeals give the defense the opportunity to have a De Novo (second) trial in circuit court.