In Re Commitment of David Wayne Jones v. the State of Texas

Court of Appeals of Texas·Decided March 9, 2023·No. 09-23-00015-CV·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00015-CV __________________

IN RE COMMITMENT OF DAVID WAYNE JONES

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On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 03-05-03117-CV __________________________________________________________________

MEMORANDUM OPINION

David Wayne Jones, a sexually violent predator who is the subject of a civil

commitment order, filed a notice of appeal complaining about a letter he received

from the Texas Civil Commitment Office, which is dated November 17, 2022. In the

letter, the Civil Commitment Office notified Jones that because he was incarcerated,

the Office’s duties to him including its duty to conduct “a biennial examination”

were suspended.1

1See generally Tex. Health & Safety Code Ann. § 841.150 (“The duties imposed on the office and the judge by this chapter are suspended for the duration of a detention or confinement of a committed person in a correctional facility[.]”). After Jones filed his appeal, the Court’s Clerk sent Jones a notice informing

him that it did not appear he was attempting to bring an appeal from a judgment or

from an appealable order. We asked Jones to identify the statute or rule authorizing

his appeal. Even though Jones filed a response to the Court’s letter, his response fails

to identify a final judgment or an order from which an appeal is authorized by law.

Accordingly, we dismiss the appeal for lack of jurisdiction. 2

APPEAL DISMISSED.

PER CURIAM

Submitted on March 8, 2023 Opinion Delivered March 9, 2023

Before Golemon, C.J., Horton and Johnson, JJ.

2 See Tex. R. App. P. 42.3(a), 43.2(f).

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Related

§ 841.150
Texas HS § 841.150