Campbell, Nathan Dale v. State

• Court: Court of Appeals of Texas
• Decided: December 5, 2002
• Docket: 14-02-01183-CV
• Status: Published

Opinion

Dismissed and Opinion filed December 5, 2002

Dismissed and Opinion filed December 5, 2002.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01183-CV

NO. 14-02-01184-CV

NATHAN DALE CAMPBELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause Nos. 727,765 & 729,925

M E M O R A N D U M   O P I N I O N

On April 28, 1997, after a bench trial, the court found appellant not guilty by reason of insanity of aggravated kidnapping and aggravated assault.  Appellant was then committed to a state mental health facility under article 46.03 of the Texas Code of Criminal Procedure.  See Tex. Code Crim. Proc. Ann. art. 46.03.  Pursuant to statute, the court annually reviewed appellant=s case and renewed the orders for extended inpatient mental health services.  See Tex. Health & Safety Code Ann. ' 574.066.  These proceedings are civil, not criminal, in nature.  Campbell v. State, 2002 WL 1981366, *3 (Tex. August 29, 2002) (not yet released for publication). 

In appellant=s third appeal from an order extending his commitment, this Court reversed the trial court=s order and remanded the causes for a new trial.  See Campbell v. State, Nos. 14-02-00741-CV & 14-02-00746-CV (Tex. App.CHouston [14th Dist.] 2002, no pet.) (not yet released for publication).  On remand, appellant filed a demand for a jury trial on September 5, 2002.  On September 19, 2002, the trial court denied the demand as moot.  On September 20, 2002, appellant filed a notice of appeal for both causes.

Generally, a Texas appellate court has jurisdiction to hear only an appeal from a final judgment.  Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992).  Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders if a statute explicitly provides appellate jurisdiction.  Stary v. DeBord, 967 S.W.2d 352, 352‑53 (Tex. 1998); see also Tex. Civ. Prac. & Rem. Code Ann. ' 51.014 (listing appealable interlocutory orders).

An interlocutory appeal from an order denying a jury trial is not expressly provided for by statute.  Therefore, this Court is without jurisdiction over these appeals.

Accordingly, the appeals are ordered dismissed.

PER CURIAM

Judgment rendered and Opinion filed December 5, 2002.

Panel consists of Chief Justice Brister and Justices Hudson and Fowler.

Do Not Publish ‑ Tex. R. App. P. 47.3(b).