Summary
The Eleventh Court of Appeals of Texas dismissed an interlocutory appeal from a trial court's determination that V.S. was incompetent to stand trial. The court held that Texas Code of Criminal Procedure Article 46B.011 bars interlocutory appeals concerning determinations under Article 46B.005, including related rulings on inpatient treatment and bail.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction over an interlocutory appeal from a trial court determination of incompetency to stand trial under Texas Code of Criminal Procedure article 46B.005.
- Whether the court of appeals could review the trial court's related rulings concerning inpatient treatment and bail in the same interlocutory appeal.
Holdings
- The court of appeals lacks jurisdiction over an interlocutory appeal relating to a trial court determination or ruling under Texas Code of Criminal Procedure article 46B.005.
- The court of appeals also lacked jurisdiction to review the trial court's related rulings concerning inpatient treatment and bail in this interlocutory appeal.
Key quotations
“Neither the state nor the defendant is entitled to make an interlocutory appeal relating to a determination or ruling under Article 46B.005 [Determining Incompetency to Stand Trial].” (at 1)
Factual background
V.S. was under indictment for repeated violations of a protective order. After the trial court determined that he was incompetent to stand trial, he filed a pro se notice of appeal. His counsel also sought review of the trial court's orders concerning inpatient treatment and bail.
Procedural history
V.S. was under indictment for repeated violations of a protective order and was determined by the trial court to be incompetent to stand trial under Texas Code of Criminal Procedure article 46B.005. He filed a pro se notice of appeal from that interlocutory determination. The Eleventh Court of Appeals granted the State's motion to dismiss and dismissed the appeal for want of jurisdiction.