In Re Commitment of Travis JohnsonAppeal from 435th District Court of Montgomery County (memorandum opinion )

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-12-00405-CV _________________ IN RE COMMITMENT OF TRAVIS JOHNSON ________________________________________________________________________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 03-05-03489 CV ________________________________________________________________________ MEMORANDUM OPINION In an appeal from an order entered in a sexually-violent-predator proceeding modifying the terms of a commitment order, changing the entity that approves where Travis Johnson must reside, we questioned our appellate jurisdiction over such order. Upon consideration of the statute and the responses of the parties, we conclude that the trial court s order is not appealable, and we also conclude that mandamus relief on the issues Johnson raises is not warranted. Accordingly, we dismiss the appeal for lack of jurisdiction. 1 Recently, in In re Commitment of Cortez, we addressed the same issues as are set forth in Johnson s brief and concluded that we did not have appellate jurisdiction over these same issues. No. 09-12-00385-CV, 2013 WL 3270613, at *2 (Tex. App. Beaumont June 27, 2013, no pet. h.). We also considered whether Cortez raised issues entitling him to mandamus relief. See id. at **2-6. For the same reasons stated in Cortez, we conclude that we lack appellate jurisdiction to review the trial court s order dated July 26, 2012, and that Johnson has not demonstrated that he is entitled to mandamus relief. Accordingly, we dismiss Johnson s appeal. APPEAL DISMISSED. ___________________________ CHARLES KREGER Justice Submitted on July 10, 2013 Opinion Delivered August 15, 2013 Before McKeithen, C.J., Kreger, and Horton, JJ. 2

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