Shelton Ray Davison v. The State of Texas

Summary

The Fourth Court of Appeals of Texas dismissed Shelton Ray Davison’s appeal for lack of jurisdiction. The court held that the trial court’s order referring competency-related proceedings to a criminal law magistrate was not an appealable interlocutory order, and noted that no judgment of conviction appeared in the record.

Holdings

1. The trial court's order referring Davison's competency issue to the criminal law magistrate court was not an appealable interlocutory order.
2. Even if the record had shown that the magistrate judge had ruled on Davison's competency, no interlocutory appeal would have been authorized from an order committing him to a mental-health facility.

Questions Presented

1. Whether the trial court's order referring the competency issue to the criminal law magistrate court was an appealable interlocutory order.
2. Whether the court of appeals had jurisdiction over the criminal appeal absent a judgment of conviction.
3. Whether an interlocutory appeal would be authorized from a competency-related commitment order under Texas Code of Criminal Procedure article 46B.011.

Disposition

dismissed