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In re Commitment of Miller

Court of Appeals Ninth District of Texas at Beaumont
Aug 15, 2013
NO. 09-12-00389-CV (Tex. App. Aug. 15, 2013)

Opinion

NO. 09-12-00389-CV

08-15-2013

IN RE COMMITMENT OF WESLEY WAYNE MILLER


On Appeal from the 435th District Court

Montgomery County, Texas

Trial Cause No. 06-02-01871 CV


MEMORANDUM OPINION

In an appeal from an order entered in a sexually-violent-predator proceeding, we are asked to address whether we possess appellate jurisdiction over an order changing the entity that approves where Wesley Wayne Miller is required to reside. We conclude that the trial court's order is not appealable, and we also conclude that mandamus relief on the issues Miller raises is not warranted. Accordingly, we dismiss the appeal for lack of jurisdiction.

Recently, in In re Commitment of Cortez, we addressed the same issues as set forth in Miller's brief and concluded that we did not have appellate jurisdiction over his 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 Miller has not demonstrated that he should receive mandamus relief. Accordingly, we dismiss Miller's appeal.

APPEAL DISMISSED.

______________

HOLLIS HORTON

Justice
Before McKeithen, C.J., Gaultney and Horton, JJ.


Summaries of

In re Commitment of Miller

Court of Appeals Ninth District of Texas at Beaumont
Aug 15, 2013
NO. 09-12-00389-CV (Tex. App. Aug. 15, 2013)
Case details for

In re Commitment of Miller

Case Details

Full title:IN RE COMMITMENT OF WESLEY WAYNE MILLER

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Aug 15, 2013

Citations

NO. 09-12-00389-CV (Tex. App. Aug. 15, 2013)