In Re Commitment of Robert Conway Appeal from 435th District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00332-CV __________________ IN RE COMMITMENT OF ROBERT CONWAY __________________________________________________________________ On Appeal from the 435th District Court Montgomery County, Texas Trial Cause No. 12-05-05193-CV __________________________________________________________________ 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. 1 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. 2
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