House v. State

222 S.W.3d 497, 2007 WL 506881
CourtCourt of Appeals of Texas
DecidedMarch 15, 2007
Docket14-05-01273-CV
StatusPublished
Cited by7 cases

This text of 222 S.W.3d 497 (House v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. State, 222 S.W.3d 497, 2007 WL 506881 (Tex. Ct. App. 2007).

Opinions

MAJORITY OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Marlin Deandre House, appeals an order extending inpatient mental health treatment for a period of one year. In three issues, appellant contends (1) the evidence is legally insufficient to support the order, (2) the evidence is factually insufficient to support the order, and (3) the recommitment order is void because it does not specify 'which statutory criteria formed the basis for recommitment. Be[499]*499cause we find the evidence legally insufficient to support the order, we reverse and render.

I. BACKGROUND

On December 6, 1996, appellant killed his mother by stabbing her with a kitchen knife ninety-three times. Appellant was indicted for her murder. In August 1997, a psychologist concluded that appellant was “suffering from a mental illness which included paranoid ideation and auditory hallucinations” and that appellant met the requirements for the insanity defense. After a bench trial on November 3, 1997, the trial court found appellant not guilty by reason of insanity. A month later, he was committed to Vernon State Hospital for inpatient treatment. In January 1999, following a physician’s recommendation, appellant was transferred to Rusk State Hospital. Since then, the trial court has annually found that appellant meets the requirements for inpatient recommitment. This is an appeal from the most recent recommitment order signed November 28, 2005.

II. APPLICABLE STATUTORY PROVISIONS AND STANDARD OF REVIEW

Under former article 46.03 of the Texas Code of Criminal Procedure, applicable to this case, recommitment hearings for persons found not guilty by reason of insanity must be conducted pursuant to the Texas Mental Health Code. See Act of May 25, 1983, 68th Leg., R.S., ch. 454, 1983 Tex. Gen. Laws 2640, 2644-46 (repealed 2005) (current version at Tex.CRIm. PROC.Code Ann. art. 46C.261 (Vernon Supp.2006)). Under section 574.066 of the Mental Health Code, a court may renew an order for inpatient mental health services if it finds the patient meets the criteria for involuntary commitment set forth in section 574.035(a) of the Mental Health Code. See Tex. Health & Safety Code Ann. § 574.066(f) (Vernon 2003) (specifying the procedure for the renewal of an order for extended mental health services).

Section 574.035(a) provides that a court may order extended inpatient mental health services if the trier of fact finds, by clear and convincing evidence, that, among other requirements, the proposed patient meets the following criteria:

(1) the proposed patient is mentally ill; and
(2) as a result of that mental illness the proposed patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental, emotional, or physical distress;
(ii) experiencing substantial mental or physical deterioration of the proposed patient’s ability to function independently, which is exhibited by the proposed patient’s inability, except for reasons of indigence, to provide for the proposed patient’s basic needs, including food, clothing, health, or safety; and
(iii) unable to make a rational and informed decision as to whether or not to submit to treatment.

Tex. Health & Safety Code Ann. § 574.035(a) (Vernon 2003). The trial court must specify which of the criteria under subsection (a)(2) forms the basis for recommitment. Tex. Health & Safety Code Ann. § 574.035(c) (Vernon 2003).

In order to be clear and convincing under section 574.035(a), the evidence must include expert testimony and, unless waived, evidence of a recent overt act or a [500]*500continuing pattern of behavior that tends to confirm (1) the likelihood of serious harm to the proposed patient or others, or (2) the proposed patient’s distress and the deterioration of the proposed patient’s ability to function. Tex. Health & Safety Code Ann. § 574.035(e) (Vernon 2003). The court cannot make its findings solely from certificates of examination for mental illness but shall “hear testimony.” Tex. Health & Safety Code Ann. § 574.035(g) (Vernon 2003). Further, the trial court may not enter an order for extended mental health services unless appropriate findings are made and are supported by testimony taken at the hearing. Id. This testimony must include competent medical or psychiatric testimony. Id.

When the burden of proof is heightened to a clear-and-convincing standard, the standard of review for legal sufficiency of the evidence is also heightened. In re F.M., 183 S.W.3d 489, 492 (Tex.App.Houston [14th Dist.] 2005, no pet.). In a legal sufficiency review when the burden of proof is clear-and-convincing evidence, the reviewing court must consider all the evidence in the light most favorable to the finding to determine whether a reasonable trier of fact could have formed a firm belief or conviction as to the truth of the allegations sought to be established. In re J.F.C., 96 S.W.3d 256, 266 (Tex.2002); State v. Addington, 588 S.W.2d 569, 570 (Tex.1979).

III. LEGAL SUFFICIENCY OF THE EVIDENCE

In his first issue, .appellant argues that under the clear-and-convincing standard that the evidence is legally insufficient to support the trial court’s recommitment order. We agree. Preliminarily, we note that the trial court did not make written findings regarding which criterion of section 574.035(a) it relied on when ordering recommitment. However, the trial court concluded at the recommitment hearing that appellant is mentally ill, and as a result of his mental illness, he is likely to cause harm to himself or others, as outlined under section 574.035(a).1

Appellant contends there is no evidence of a recent overt act or a continuing pattern of behavior-tending to confirm the likelihood of serious harm to himself or others as required by section 574.035(e). It is not clear from the trial court’s comments whether it found a recent overt act or a continuing pattern of behavior. The trial court stated: “[B]ased on his history he’s had ideation of both [harm to himself and others] and acting out in one of those.” Nevertheless, even if these comments can be construed as a finding of a recent overt act, a continuing pattern of behavior, or [501]*501both, appellant contends there is no evidence to support the findings.

Specifically, appellant asserts the evidence shows only “vague behaviors,” on appellant’s part, which indicate at most that he is mentally ill, but do not constitute a recent overt act or a continuing pattern of behavior tending to confirm the likelihood of serious harm to himself or others.

Evidence showing only that an individual is mentally ill and in need of hospitalization does not meet the statutory requirements for confinement. See In re L.H., 183 S.W.3d 905

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House v. State
222 S.W.3d 497 (Court of Appeals of Texas, 2007)

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222 S.W.3d 497, 2007 WL 506881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-state-texapp-2007.