in Re Clarence D. Brown ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-18-00428-CV
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IN RE CLARENCE D. BROWN
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Original Proceeding
435th District Court of Montgomery County, Texas
Trial Cause No. 10-03-02609-CV
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MEMORANDUM OPINION
In a mandamus petition, Clarence D. Brown, asks this Court to compel the
trial court to either release Brown from civil commitment or order outpatient
treatment. Brown has been subject to civil commitment as a sexually violent predator
since 2010. According to Brown, a psychological or psychiatric examination was
conducted on July 28, 2017, as part of a biennial review. On February 16, 2018, the
trial court signed a Biennial Review Order wherein the trial court concluded that
Brown should remain civilly committed without modification. See generally Tex.
Health & Safety Code Ann. § 841.101-.102 (West 2017). Brown argues the trial
court’s order is void and he is entitled to immediate release from civil commitment
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due to irregularities that Brown claims occurred in previous biennial reviews.
Additionally, he argues he is currently subjected to unauthorized “inpatient”
commitment.
After reviewing the mandamus petition and the documents contained in the
appendix, we conclude that Brown has not established that the trial court committed
a clear abuse of discretion. See In re Commitment of Marks, 230 S.W.3d 241, 244
(Tex. App.—Beaumont 2007, no pet.) (an abuse of discretion occurs only when a
trial court’s decision is arbitrary, unreasonable, and without reference to guiding
principles). Accordingly, we deny the petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on December 5, 2018
Opinion Delivered December 6, 2018
Before McKeithen, C.J., Kreger and Johnson, JJ.
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