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Click here for the full text of this decision FACTS:After finding that George Lowe suffered from a behavioral abnormality making him likely to engage in a predatory act of sexual violence, the trial court granted the state’s petition to commit Lowe as a sexually violent predator. Lowe challenges the validity of the sexually violent predator statute (SVP). HOLDING:Affirmed. The court dismisses Lowe’s first contention � that the SVP statute is punitive � for reasons given in previous opinions by this court. The court also dismisses Lowe’s challenge that the SVP statute is unconstitutionally vague with respect to his due process rights. The court then considers his contention that a particular provision of the SVP statute � 841.082(d) � which states that “[i]mmediately after the case becomes final for purposes of appeal, the judge shall transfer jurisdiction of the case to a district court . . . having jurisdiction in the county in which the person is residing, except that the judge retains jurisdiction of the case with respect to a civil commitment proceeding conducted under” other subchapters. Lowe argues that the provision purports to transfer appellate jurisdiction to another appellate district, contrary to the jurisdictional provisions of Government Code 22.201(j) and the Texas Constitution. The court explains that the subsection is found within the main provision dealing with where a sexually violent predator is to be placed. Subsection (d) refers to the time when jurisdiction is to be transferred to a court in the county in which the person resides for supervision and treatment pursuant to a final commitment order. The court says the provision must be read in the context of the statute’s entire structure. Compliance with the commitment order is supervised while the case is on appeal, because the commitment order is effective while the case is on appeal. “It is in this context that Subsection 841.082(d) provides for transfer of certain jurisdiction to a district court, other than a family district court, having jurisdiction in the county in which the person is required to reside. The entire jurisdiction over the case is not transferred.” The provision does not address in which appellate court one is to file an appeal of the commitment order. It does not say the case is to be transferred for purposes of appeal. To read the statute as requiring the trial court that tried the case immediately after signing a final judgment to transfer the file to another district court for consideration of post-judgment motions would create an unworkable process. “The SVP statute does not have a provision outlining appeal procedure. An appeal of the trial court’s judgment and commitment order is to be filed with the court of appeals having jurisdiction as in any other case. This Court has jurisdiction over an appeal from a judgment by a Montgomery County district court. . . . Despite Lowe’s vagueness argument, he properly filed his appeal with this Court. Section 841.082(d) is not void for vagueness.” The court also rejects Lowe’s argument that his Fifth Amendment privilege against self-incrimination was violated during his interview with the state experts. The court says that Lowe did not point to any questions that elicited information from him that would subject him to future criminal prosecution. OPINION:Gaultney, J.; McKeithen, C.J., Burgess and Gaultney, JJ.

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