in Re Commitment John Palmer ( 2021 )

Opinion issued June 3, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00588-CV
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IN RE COMMITMENT OF JOHN PALMER, Appellant
On Appeal from the 183rd District Court
Harris County, Texas
Trial Court Case No. 1584989
MEMORANDUM OPINION
Appellant John Palmer was charged with the felony offense of retaliation.
On June 30, 2020, after determining that appellant was incompetent to stand trial,
the trial court issued an “Order of Initial Commitment” ordering appellant
committed to and confined to a mental health facility or residential care facility for
a period not to exceed 120 days pursuant to Subchapter D, Article 46B.073 of the
Texas Code of Criminal Procedure. On July 22, 2020, Appellant filed a notice of
appeal challenging the trial court’s order of temporary commitment.
The legislature has not provided a mechanism for appeals, interlocutory or
otherwise, from a Subchapter D temporary commitment order. Queen v. State, 212
S.W.3d 619, 622 (Tex. App.—Austin 2006, no pet.) (dismissing interlocutory
appeal holding appellate court lacked jurisdiction over appeal from Article
46B.073 temporary commitment to mental health facility); Johnson v. Hays
County Dist. Attorney’s Office, No. 03-16-00293-CV, 2016 WL 3391441, at *1
(Tex. App.—Austin June 17, 2016, no pet.) (mem. op.) (same). We thus lack
jurisdiction over this appeal.
We dismiss the appeal for lack of jurisdiction. TEX. R. APP. P. 42.1(a)(1),
43.2(f). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Countiss, Rivas-Molloy, and Guerra.
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