Johnathan Johnson v. Hays County District Attorney's Office Appeal from County Court at Law No. 2 of Hays County (memorandum opinion by chief justice rose)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00293-CV Johnathan Johnson, Appellant v. Hays County District Attorney’s Office, Appellee FROM THE COUNTY COURT AT LAW NO. 2 OF HAYS COUNTY NOS. 15-0990-CR, 15-0991-CR & 16-0993-CR HONORABLE DAVID GLICKLER, JUDGE PRESIDING MEMORANDUM OPINION Johnathan Johnson filed this attempted appeal of the trial court’s April 13, 2016 order committing him to a mental health facility for sixty days to attain competency to stand trial in the underlying criminal prosecutions. Such temporary commitment orders are authorized under subchapter D, article 46B.073 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 46B.073(b)(1) (authorizing court to order sixty-day commitment to mental health facility toward objective of defendant’s attaining competency to stand trial). However as this Court has recognized, the Texas Legislature has not provided for an appeal from a temporary commitment order under subchapter D that is issued after a determination of incompetence but before a more permanent commitment proceeding under subchapter E. Queen v. State, 212 S.W.3d 619, 622-23 (Tex. App.—Austin 2006, no pet.). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f). Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: June 17, 2016 2

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