Resolving the jurisdictional issue in this appeal requires us to construe the SVP statute, which is also an issue of law that we review de novo. SeeIn re Commitment of Black , 522 S.W.3d 2, 5 (Tex. App.—San Antonio 2017, pet. denied) ; In re Lopez , 462 S.W.3d 106, 110 (Tex. App.—Beaumont 2015, pet. denied) ; see alsoIn re Commitment of Decker , No. 11-17-00007-CV, 2017 WL 2869847, at *2, 2017 Tex. App. LEXIS 6082, at *5 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.). Our primary objective when construing statutes is to give effect to the Legislature’s intent, which we seek first and foremost in the statute’s text.

We note that although a defendant has an absolute right to a jury trial in sexually-violent-predator civil-commitment cases, see Tex. Health & Safety Code Ann. § 841.061(b), this court and several of our sister courts have consistently held that when there is undisputed evidence establishing that the defendant has been convicted of more than one sexually violent offense and a sentence has been imposed for one of them, a person's status as a repeat sexually violent offender is a legal determination appropriate for partial directed verdict. See In re Commitment of Perdue, 530 S.W.3d 750, 754 (Tex. App.-Fort Worth 2017, pet. denied) (holding trial court did not err by granting directed verdict on repeat-sexually-violent-offender element); see also In re Commitment of Talley, 522 S.W.3d 742, 750-51 (Tex. App.-Houston [1st Dist.] 2017, no pet.) (same); In re Commitment of Harris, 541 S.W.3d 322, 330 (Tex. App.-Houston [14th Dist.] 2017, no pet.) (same); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *3-4 (Tex. App.-Eastland June 30, 2017, no pet.) (mem. op.) (same); In re Commitment of Black, 522 S.W.3d 2, 6 (Tex. App.-San Antonio 2017, pet. denied) (same);

Although a defendant has an absolute right to a jury trial in civil commitment cases under the SVP Act, see HEALTH & SAFETY § 841.061(b), this court and several of our sister courts of appeals have uniformly held that when the undisputed evidence establishes that the defendant has been convicted of more than one sexually violent offense and a sentence was imposed for one of them, a person's status as a repeat sexually violent offender becomes a legal determination that is appropriate for the grant of a partial directed verdict. SeeIn re Commitment of Decker , No. 11-17-00007-CV, 2017 WL 2869847, at *3–*4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.) (holding that the trial court did not err when it granted a directed verdict on the repeat sexually violent offender element); Harris , 541 S.W.3d at 330 (same); In re Commitment of Perdue , 530 S.W.3d 750, 754 (Tex. App.—Fort Worth 2017, pet. denied) (same); Talley , 522 S.W.3d at 750–51 (same); In re Commitment of Black , 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied) (same); In re Commitment of Lemmons , No. 09-13-00346-CV, 2014 WL 1400671, at *3 (Tex. App.—Beaumont Apr. 10, 2014, pet. denied) (mem. op.) (same). Here, the trial court granted a partial directed verdict in favor of the State and determined that Stratton is a repeat sexually violent offender because he had been convicted of more than one sexually violent offense and a sentence was imposed for at least one of the offenses.

All seven of our sister courts that have thus far addressed whether a directed verdict on the repeat-sexually-violent-offender element is permissible have unanimously determined that a directed verdict on that element is permissible where warranted. SeeIn re Commitment of Shelton , No. 02-19-00033-CV, 2020 WL 1887722, at *12 (Tex. App. – Fort Worth Apr. 16, 2020, no pet.) (mem. op. on reh'g); In re Commitment of Flores , No. 13-19-00093-CV, 2020 WL 1613418, at *10 (Tex. App. – Corpus Christi Apr. 2, 2020, pet. denied) (mem. op.) ; Harris , 541 S.W.3d at 330 ; In re Commitment of Decker , No. 11-17-00007-CV, 2017 WL 2869847, at *4 (Tex. App. – Eastland June 30, 2017, no pet.) (mem. op.) ; In re Commitment of Talley , 522 S.W.3d 742, 750 (Tex. App. – Houston [1st Dist.] 2017, no pet.) ; In re Commitment of Black , 522 S.W.3d 2, 6 (Tex. App. – San Antonio 2017, pet. denied) ; In re Commitment of Lemmons , No. 09-13-00346-CV, 2014 WL 1400671, at *3 (Tex. App. – Beaumont Apr. 10, 2014, pet. denied) (mem. op.). 2.

Although a defendant has an absolute right to a jury trial in sexually-violent-predator civil-commitment cases, see Tex. Health & Safety Code Ann. § 841.061(b), this court and several of our sister courts have consistently held that when there is undisputed evidence establishing that the defendant has been convicted of more than one sexually violent offense and a sentence was imposed for one of them, a person's status as a sexually violent offender is a legal determination appropriate for partial directed verdict. See In re Commitment of Perdue, 530 S.W.3d 750, 754 (Tex. App.—Fort Worth 2017, pet. denied) (holding trial court did not err by granting directed verdict on repeat-sexually-violent-offender element); see also In re Commitment of Talley, 522 S.W.3d 742, 750-51 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (same); In re Commitment of Harris, 541 S.W.3d 322, 330 (Tex. App.—Houston [14th Dist.] 2017, no pet.) (same); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *3-4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.) (same); In re Commitment of Black, 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied) (same); In re Commitment of Lemmons, No. 09-13-00346-CV, 2014 WL 1400671, at *3 (Tex. App.—Beaumont Apr. 10, 2014, pet. denied) (mem. op.) (same). Here, the State introduced pen packets demonstrating that Shelton had previously been convicted of six sexually violent offenses, all of which were accompanied by a sentence of imprisonment.

Although a defendant has an absolute right to a jury trial in sexually-violent-predator civil-commitment cases, see Tex. Health & Safety Code Ann. § 841.061(b), this court and several of our sister courts have consistently held that when there is undisputed evidence establishing that the defendant has been convicted of more than one sexually violent offense and a sentence was imposed for one of them, a person's status as a sexually violent offender is a legal determination appropriate for partial directed verdict. See In re Commitment of Perdue, 530 S.W.3d 750, 754 (Tex. App.—Fort Worth 2017, pet. denied) (holding trial court did not err by granting directed verdict on repeat-sexually-violent-offender element); see also In re Commitment of Talley, 522 S.W.3d 742, 750-51 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (same); In re Commitment of Harris, 541 S.W.3d 322, 330 (Tex. App.—Houston [14th Dist.] 2017, no pet.) (same); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *3-4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.) (same); In re Commitment of Black, 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied) (same); In re Commitment of Lemmons, No. 09-13-00346-CV, 2014 WL 1400671, at *3 (Tex. App.—Beaumont Apr. 10, 2014, pet. denied) (mem. op.) (same). Here, the State introduced pen packets demonstrating that Shelton had previously been convicted of six sexually violent offenses, all of which were accompanied by a sentence of imprisonment.

The majority also cites recent decisions from our sister courts of appeals, which simply rely on our own erroneous opinion in In re Commitment of Talley, 522 S.W.3d 742 (Tex. App.—Houston [1st Dist.] 2017, no pet.) or the erroneous precedent of the Beaumont Court of Appeals. See In re Commitment of Harris, 541 S.W.3d at 330-31; In re Commitment of Perdue, 530 S.W.3d 750, 751-54 (Tex. App.—Fort Worth 2017, pet. denied); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *1-4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.); In re Commitment of Black, 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied); see also In re Commitment of Talley, 522 S.W.3d at 751-53 (Jennings, J., dissenting) (addressing erroneous precedent of the Beaumont Court of Appeals); In re Commitment of Stuteville, 463 S.W.3d 543, 559-60 (Tex. App.—Houston [1st Dist.] 2015, pet. denied) (Jennings, J., concurring) (same).

Although a defendant has an absolute right to a jury trial in SVP Act cases, see TEX. HEALTH & SAFETY CODE ANN. § 841.061(b) (West 2017), this court and others have consistently held that when there is undisputed evidence establishing that the defendant has been convicted of more than one sexually violent offense and a sentence was imposed for one of them, "a person's status as a sexually violent offender is a legal determination appropriate for partial directed verdict." In re Commitment of Talley, 522 S.W.3d 742, 750-51 (Tex. App.—Houston [1st Dist.] 2017, no pet.) (holding trial court did not err by granting directed verdict on repeat sexually violent offender element); see also In re Commitment of Harris, 541 S.W.3d 322, 332 (Tex. App.—Houston [14th Dist.] 2017, no pet.) (same); In re Commitment of Perdue, 530 S.W.3d 750, 754 (Tex. App.—Fort Worth 2017, pet. denied) (same); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *3-4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.) (same); In re Commitment of Black, 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied) (same); In re Commitment of Lemmons, No. 09-13-00346-CV, 2014 WL 1400671, at *3 (Tex. App.—Beaumont Apr. 10, 2014, pet. denied) (mem. op.) (same). We review the grant of a directed verdict in the light most favorable to the party against whom the verdict was rendered and disregard all contrary evidence and inferences.

, In re Commitment of Harris, ___S.W.3d___, No. 14-16-00706-CV, 2017 WL 6003623, at *6-7 (Tex. App.—Houston [14th Dist.] Dec. 5, 2017, no pet.); In re Commitment of Perdue, 530 S.W.3d 750, 754 (Tex. App.—Fort Worth 2017, pet. denied); In re Commitment of Decker, No. 11-17-00007-CV, 2017 WL 2869847, at *3-4 (Tex. App.—Eastland June 30, 2017, no pet.) (mem. op.); In re Commitment of Talley, 522 S.W.3d 742, 750 (Tex. App.—Houston [1st Dist.] 2017, no pet.)

Since the 2015 amendment allowing SVP Act cases to be initiated in the county where the alleged sexually violent predator was most recently convicted for a sexually violent offense, at least four more of our sister courts have concluded directed verdicts are appropriate on the repeat sexually violent offender element. SeeIn re Commitment of Perdue , No. 02-17-00017-CV, 530 S.W.3d 750, 752–53, 2017 WL 3526358, at *2 (Tex. App.—Fort Worth Aug. 17, 2017, no pet. h.) ; In re Commitment of Decker , No. 11-17-00007-CV, 2017 WL 2869847, at *3 (Tex. App.—Eastland June 30, 2017, no pet.) ; In re Commitment of Talley , 522 S.W.3d 742, 750–51 (Tex. App.—Houston [1st Dist.] 2017, no pet.) ; In re Commitment of Black , 522 S.W.3d 2, 6 (Tex. App.—San Antonio 2017, pet. denied). But seeIn re Commitment of Stuteville , 463 S.W.3d 543, 559 (Tex. App.—Houston [1st Dist.] 2015, pet. denied) (Jennings, J. concurring) (noting First Court of Appeals bound by Beaumont Court of Appeals' precedent, but disagreeing that directed verdicts on the repeat sexually violent offender element is permissible given that the SVP Act gives defendant right to jury trial and a beyond a reasonable doubt finding defendant is a sexually violent predator).