In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-17-00214-CV
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IN RE COMMITMENT OF ALONZO MAY
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 12-12-13065-CV
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MEMORANDUM OPINION
In 2013, Alonzo May was committed for sex offender treatment as a sexually
violent predator. See generally In re Commitment of May, No. 09-13-00513-CV,
2014 WL 6984086, at *3 (Tex. App.—Beaumont Dec. 11, 2014, pet. denied) (mem.
op.) (affirming judgment and order of commitment). On June 7, 2017, May filed a
pro se notice of appeal from an order signed on April 25, 2017, that placed May in
a tiered treatment program for sexually violent predators. See generally Tex. Health
1
& Safety Code Ann. § 841.0831 (West 2017). We questioned our jurisdiction over
this appeal and May filed a response.1
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, 931 (Tex. App.—Beaumont 2013, no pet.). May 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.
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HOLLIS HORTON
Justice
Submitted on July 19, 2017
Opinion Delivered July 20, 2017
Before McKeithen, C.J., Kreger and Horton, JJ.
1
May complains that State Counsel for Offenders has not entered an
appearance on his behalf. 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.). May is
attempting to appeal an order entered under Subchapter E.
2