in Re the Commitment of Joel Scott Clark ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-526 CV ____________________

IN RE THE COMMITMENT OF JOEL SCOTT CLARK

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 05-04-03172 CV

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MEMORANDUM OPINION

A jury found Joel Scott Clark suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence. The trial court committed Clark to a program of outpatient treatment and supervision to protect the community.

After perfecting appeal, appointed counsel certified that the appeal is frivolous. The appellant's brief presents counsel's professional evaluation of the record and asks this Court to accept the brief pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and In re D.A.S., 973 S.W.2d 296 (Tex. 1998). ⁽¹⁾ On August 24, 2006, we granted leave to file a pro se brief. No pro se brief or other response has been filed. The appellee filed a motion to dismiss the appeal for failure to prosecute. We decline to dismiss the appeal.

We have reviewed the record. The brief filed by the appellant adequately presents the case, and additional briefing will not aid in the satisfactory submission of the appeal. Tex. R. App. P. 38.9. We find no arguable error requiring further action in this case. The judgment of the trial court is affirmed.

AFFIRMED.

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STEVE McKEITHEN

Chief Justice

Submitted on November 28, 2006

Opinion Delivered December 7, 2006

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Other states employ an Anders procedure in appeals from involuntary commitment proceedings under sexually violent predator statutes. See Williams v. State, 889 So. 2d 804 (Fla. 2004); In re McCoy, 602 S.E.2d 58 (S.C. 2004).