in Re Commitment of William Cyrus Scott ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00244-CV
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IN RE COMMITMENT OF WILLIAM CYRUS SCOTT
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On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 11-10-10849 CV
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ORDER
The appeal of William Cyrus Scott was submitted for opinion without oral
argument on December 2, 2013. The second issue in the appellant’s brief includes
an argument that the trial court erred in refusing to allow the appellant’s trial
counsel to make an offer of proof as to testimony of Dr. Michael Arambula
excluded from trial. After reviewing the briefs of the appellant and the appellee,
the Court has determined that the trial court’s failure to permit the appellant to
make an offer of proof has prevented the proper presentation of the case to the
Court of Appeals. See Tex. R. App. P. 44.4(a). Because the error is remediable, we
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must remand the case to the trial court so that the appellant may make an offer of
proof. See Tex. R. App. P. 44.4(b); see also Spence v. State, 758 S.W.2d 597, 599-
600 (Tex. Crim. App. 1988).
It is, therefore, ORDERED that the appeal is abated and the case is
remanded to the trial court for the appellant to make an offer of proof regarding the
testimony of Dr. Michael Arambula regarding whether the records show the
appellant may have sexually molested his step-sons. A supplemental record of the
offer of proof shall be filed with the Court of Appeals on or before February 10,
2014.
ORDER ENTERED January 9, 2014.
PER CURIAM
Before McKeithen, C.J., Kreger and Horton, JJ.
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