in Re Commitment of Alonzo May

• Court: Court of Appeals of Texas
• Decided: July 20, 2017
• Docket: 09-17-00214-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00214-CV ____________________

IN RE COMMITMENT OF ALONZO MAY

_______________________________________________________ ______________

On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 12-12-13065-CV ________________________________________________________ _____________

MEMORANDUM OPINION

In 2013, Alonzo May was committed for sex offender treatment as a sexually

violent predator. See generally In re Commitment of May, No. 09-13-00513-CV,

2014 WL 6984086, at *3 (Tex. App.—Beaumont Dec. 11, 2014, pet. denied) (mem.

op.) (affirming judgment and order of commitment). On June 7, 2017, May filed a

pro se notice of appeal from an order signed on April 25, 2017, that placed May in

a tiered treatment program for sexually violent predators. See generally Tex. Health

1 & Safety Code Ann. § 841.0831 (West 2017). We questioned our jurisdiction over

this appeal and May filed a response.1

Generally, the trial court retains jurisdiction while the commitment order

remains in effect and we lack appellate jurisdiction when the trial court modifies a

commitment order without ending the court’s supervision of the committed person

and without making the otherwise interlocutory order appealable. In re Commitment

of Cortez, 405 S.W.3d 929, 931 (Tex. App.—Beaumont 2013, no pet.). May has not

identified a signed order by the trial court that is appealable at this time. Accordingly,

the appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice Submitted on July 19, 2017 Opinion Delivered July 20, 2017

Before McKeithen, C.J., Kreger and Horton, JJ.

1 May complains that State Counsel for Offenders has not entered an appearance on his behalf. The statutory right to counsel under Chapter 841 of the Texas Health and Safety Code applies to a trial or hearing conducted under Subchapters D, F, or G. See In re Terry, No. 09-16-00208-CV, 2016 WL 4698648, at *1 (Tex. App.—Beaumont Sept. 8, 2016, orig. proceeding) (mem. op.). May is attempting to appeal an order entered under Subchapter E. 2