Opinion
NO. 09-19-00046-CV
03-07-2019
IN RE COMMITMENT OF JOHN MICHAEL ENARD
On Appeal from the 435th District Court Montgomery County, Texas
Trial Cause No. 12-01-00977-CV
MEMORANDUM OPINION
Appellant John Michael Enard was civilly committed for sex offender treatment as a sexually violent predator on July 3, 2012. On February 8, 2019, Enard filed a pro se notice of appeal from an order signed on January 31, 2019, that placed him in a tiered program for sexually violent predators. See generally Tex. Health & Safety Code Ann. § 841.0831 (West 2017). We questioned our jurisdiction over this appeal, and Enard filed a response.
Enard complains that he was denied appointed counsel. The statutory right to counsel under Chapter 841 of the Texas Health and Safety Code applies to a trial or hearing conducted under Subchapters D, F, or G. See In re Terry, No. 09-16-00208-CV, 2016 WL 4698648, at *1 (Tex. App.—Beaumont Sept. 8, 2016, orig. proceeding) (mem. op.). Enard is attempting to appeal an order entered under Subchapter E.
Generally, the trial court retains jurisdiction while the commitment order remains in effect, and we lack appellate jurisdiction when the trial court modifies a commitment order without ending the court's supervision of the committed person and without making the otherwise interlocutory order appealable. In re Commitment of Cortez, 405 S.W.3d 929, 932 (Tex. App.—Beaumont 2013, no pet.). Enard has not identified a signed order by the trial court that is appealable at this time. Accordingly, the appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
APPEAL DISMISSED.
/s/_________
CHARLES KREGER
Justice Submitted on March 6, 2019
Opinion Delivered March 7, 2019 Before Kreger, Horton, and Johnson, JJ.