Powell v. State

487 S.W.3d 768, 2016 Tex. App. LEXIS 3266, 2016 WL 1242646
CourtCourt of Appeals of Texas
DecidedMarch 30, 2016
DocketNo. 05-14-01536-CV
StatusPublished
Cited by2 cases

This text of 487 S.W.3d 768 (Powell 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
Powell v. State, 487 S.W.3d 768, 2016 Tex. App. LEXIS 3266, 2016 WL 1242646 (Tex. Ct. App. 2016).

Opinion

OPINION

Opinion by

Justice Myers

Edward James Powell filed a notice of appeal from the trial court’s order denying the request of the Texas Department of Aging and Disability that he be transferred from a residential care facility to a group home. Appellant brings three issues on appeal contending (1) this Court has jurisdiction to hear his appeal; (2) the trial court erred by denying the request for transfer without holding an evidentiary hearing in accordance with the requirements of the Texas Health and Safety Code; and (3) the evidence before the trial court was not legally and factually sufficient to support the trial court’s denial of the request for transfer. We conclude the [769]*769trial court’s denial of the request for transfer is not- an appealable order, and we dismiss the appeal for want of jurisdiction.

BACKGROUND

In 2012, appellant was indicted for the felony offense of indecency with a child. The trial court ordered that appellant be examined for his mental competency, and a doctor determined that appellant was incompetent to stand trial. The trial court found appellant incompetent to stand trial, and the court ordered appellant committed to an inpatient mental health facility for up to 120 days for examination and treatment aimed at restoring his competency to stand trial. See Tex.Code Chim. PROC. Ann. art. 46B.073(b)(2) (West Supp.2015). Near the end of the 120 days, the evaluators at the mental health facility reported that appellant remained incompetent to stand trial, and they recommended appellant be committed to a residential care facility pursuant to article 46B.103. See id. art. 46B.103 (permitting further commitment to a residential care facility of a defendant with pending criminal charges who is incompetent to stand trial). The trial court then signed a judgment ordering appellant committed to the Vernon Campus “or any residential care facility designated by the Department of Aging and Disability Services for long term residential care.” The judgment also stated that the criminal charge against appellant remained pending and that appellant was not to be released without specific approval from the trial court. Appellant did not appeal this judgment. Three weeks later, the Texas Department of State Health Services notified the trial ’ court that appellant had been transferred from the Vernon Campus to the Mexia State Supported Living Center, which was a residential care facility.

On June 5, 2014, a Transition Specialist at the Mexia facility sent a letter to the trial court stating the Interdisciplinary Team had determined that, appellant “would benefit from alternate placement outside of an institutional setting. It was felt that the Home and Community Services Program would be able to provide needed supports [sic] and services to assist with a successful transition.” The Interdisciplinary'Team recommended that appellant be moved to a group home in Cedar Hill. The letter stated that appellant would be moved from the Mexia facility to the Cedar Hill group home on July 3, 2014, and “that this is not a discharge from DADS [Department of Aging and Disability Services] but a residential reassignment.”

On June 13, 2014, the trial court wrote a letter to the director of the Mexia facility stating the court had ordered appellant to remain in a residential care facility and that a group home did not qualify as a residential care facility! The court also stated it did not approve of releasing appellant from the residential care facility to a group home and that the director of the facility could request a hearing on the matter. The Department of Aging and Disability Services filed a request for a hearing, and the trial court held a hearing on July 17,' 2014.

On July 18, 2014, the trial court signed an order denying the request to transfer appellant to the group home in Cedar Hill. The court also stated in the order that appellant “is to remain in the Mexia State Supported Living Center or any other residential care facility designated by the Department of Aging and Disability Services.” Appellant filed a notice of restricted appeal of this order on November 19, 2014.

Before submission of this case, we questioned our jurisdiction over the appeal, and the parties discussed in their briefs wheth[770]*770er the July 18, 2014 order was an appeal-able order.

APPELLATE JURISDICTION

In his first issue, appellant asserts this Court has jurisdiction over this appeal.

The proceédings at issue in this case were pursuant to article 46B.107 of the Code of Criminal, Procedure. TexCode CRIM. Pboc. Ann, art. 46B.107.1 The statute states that if the head of the facility to which the defendant has been committed determines the defendant should be released from the facility, the head of the facility must notify the committing court at least fourteen days before the intended date of release.2 Id. art. 46B.107(b). “The court may,-on motion of the attorney representing the state or on its own motion, hold a hearing to determine whether release is appropriate under the applicable criteria” under the Health and Safety Code. Id. art. 46B.107(d). The facility’s recommendation of the defendant’s release “is subject to disapproval by the committing court.” Id. art. 46B.107(a). “If the court determines that release is not appropriate, the court shall enter an order directing the head of the facility ... to not release the defendant.” Id. art. 46B.107(e). The trial court denied the request for release from the Mexia residential care facility and ordered that appellant remain in the Mexia facility.

The Texas Constitution gives the courts of appeals jurisdiction over “all cases of which the District Courts or County Courts have original or appellate jurisdiction,’-under such restrictions and regulations as may be prescribed by law.” Tex. Const, art. V, § 6(a). The courts of appeals are also constitutionally vested with “such other jurisdiction, original and appellate, as may be prescribed by law.” Id. Thus, our jurisdiction over an appeal must fee based on either (1) the general constitutional grant, subject to any restrictions and regulations imposed by the legislature; or (2) a specific statutory grant of jurisdiction. Tex. Dep’t of Pub. Safety v. Barlow, 48 S.W.3d 174, 175-76 (Tex.2001). Section 22.220 of the Government Code states the courts of appeals have appellate jurisdiction’ of all civil cases “when the amount in controversy or the judgment rendered exceeds $250, exclusive of interest and costs.” Tex. Gov’t Code Ann. § 22.220(a) (West Supp.2015). In this casé, there is no amount in controversy, so we must determine whether some other statutory provision provides us with jurisdiction over this appeal.

Appellant " asserts that article 46B.108(d)(3) permits an appeal of an order'under article 46B.107 disapproving a defendant’s transfer from a facility. See Tex.Code Crim. Proc. Ann. ’ art’. 46B.103(d)(3). That statute states:

(d) In the proceedings conducted under this subchapter [subchapter E of chapter 46B] for & defendant described by subehapter (a) [a defendant with an intellectual disability who has charges pending and is incompetent to stand trial]:
[771]*771[[Image here]]

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Cite This Page — Counsel Stack

Bluebook (online)
487 S.W.3d 768, 2016 Tex. App. LEXIS 3266, 2016 WL 1242646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-state-texapp-2016.