in the Commitment of Stephen Patrick Black ( 2019 )


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  •                            Fourth Court of Appeals
    San Antonio, Texas
    January 23, 2019
    No. 04-19-00001-CV
    IN THE COMMITMENT OF STEPHEN PATRICK BLACK,
    From the 274th Judicial District Court, Guadalupe County, Texas
    Trial Court No. 15-1805-CV
    Honorable Gary L. Steel, Judge Presiding
    ORDER
    Appellant seeks to appeal an order denying his request to appoint counsel to represent
    him other than the Office of State Counsel for Offenders. See TEX. HEALTH & SAFETY CODE
    ANN. § 841.005 (providing for appointment of Office of State Counsel for Offenders to represent
    indigent person in civil commitment procedure unless Office of State Counsel for Offenders is
    unable to represent the indigent person). Texas appellate courts have jurisdiction over final
    judgments, and such interlocutory orders as the legislature deems appealable by statute. See
    Bison Bldg. Materials, Ltd. v. Aldridge, 
    422 S.W.3d 582
    , 585 (Tex. 2012); Wise v. SR Dallas,
    LLC, 
    436 S.W.3d 402
    , 408 (Tex. App.—Dallas 2014, no pet.). Chapter 841 of the Texas Health
    and Safety Code governing the appellant’s civil commitment proceedings does not contain any
    provision authorizing an appeal from an order denying a motion for other appointed counsel. But
    see In re State, 
    556 S.W.3d 821
    , 822 (Tex. 2018) (reviewing order regarding appointment of
    counsel under chapter 841 in mandamus proceeding); In re Fields, 
    256 S.W.3d 859
    , 860 (Tex.
    App.—Beaumont 2008, orig. proceeding) (same).
    By order dated January 3, 2019, appellant was ordered to show cause in writing by
    January 17, 2019, why this appeal should not be dismissed for lack of jurisdiction. By order
    dated January 16, 2019, the deadline for appellant to respond to this court’s January 3, 2019 was
    extended to February 4, 2019.
    On January 18, 2019, appellant filed a motion requesting a copy of the clerk’s record and
    findings of fact and conclusions of law. The trial court did not enter findings of fact and
    conclusions of law in relation to the order appellant seeks to appeal. Because the issue of this
    court’s jurisdiction can be determined from the trial court’s order, appellant’s request is
    GRANTED IN PART. The clerk of the court is directed to provide appellant with a copy of: (1)
    appellant’s motion to appoint counsel filed in the trial court on January 5, 2018; (2) the trial
    court’s order dated December 6, 2018, denying appellant’s motion; and (3) appellant’s notice of
    appeal entitled “Notice of Appeal On: Motion to Appoint Counsel” filed in the trial court on
    December 26, 2018.
    Appellant’s response to this court’s January 3, 2019 order must be filed no later than
    February 4, 2019.
    _________________________________
    Sandee Bryan Marion, Chief Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 23rd day of January, 2019.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-19-00001-CV

Filed Date: 1/23/2019

Precedential Status: Precedential

Modified Date: 1/24/2019