In Re Commitment of Robert Conway v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00332-CV
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IN RE COMMITMENT OF ROBERT CONWAY

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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 12-05-05193-CV
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MEMORANDUM OPINION

Robert Conway was civilly committed as a sexually violent predator in 2013.

In February 2022, Conway petitioned the trial court for movement to a less

restrictive housing and supervision status. On September 15, 2022, the trial court

denied Conway’s petition. In a separate order, the trial court denied Conway’s

request for a hearing and for appointment of counsel to represent Conway in a

proceeding under Subchapter E of Chapter 841 of the Health and Safety Code. See

generally Tex. Health & Safety Code Ann. § 841.002(3-a) (“‘Civil commitment

proceeding’ means a trial or hearing conducted under Subchapter D, F, or G.”).

Conway filed a notice of appeal.

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On December 21, 2023, the Clerk of the Court issued a notice that the order

being appealed is neither a final judgment nor an appealable order. Conway filed a

response, but in that response, he failed to identify a valid basis for this Court to

exercise appellate jurisdiction over his attempted appeal.

The trial court retains jurisdiction during the periods that a civil commitment

judgment remains in effect. In re Commitment of Lujan, No. 09-22-00047-CV, 2022

WL 1177280, at *1 (Tex. App.—Beaumont Apr. 21, 2022, no pet.) (mem. op.). We

lack appellate jurisdiction over interlocutory orders signed after the judgment in the

civil commitment case becomes final. Id. Accordingly, we dismiss the appeal for

lack of jurisdiction without prejudice to filing a petition for a writ of mandamus. See

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

APPEAL DISMISSED.

PER CURIAM

Submitted on February 7, 2024
Opinion Delivered February 8, 2024

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

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