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Click here for the full text of this decision FACTS:The appellant, Odis Queen, was indicted under three cause numbers for three counts of indecency with a child by contact and one count of aggravated sexual assault of a child. Queen’s attorney requested a psychological evaluation, arguing that Queen might be incompetent to stand trial. Dr. Richard Coons and Dr. George Parker evaluated Queen and both determined that he was mentally retarded and incompetent to stand trial and would not regain competency in the future. On Dec. 29, 2005, the trial court held a hearing at which it considered the doctors’s reports and determined that Queen was incompetent to stand trial. The trial court then proceeded to determine whether Queen should be released on bail or committed, pursuant to Texas Code of Criminal Procedure Articles 46B.071-.072. After considering the doctors’ reports and Parker’s testimony, the trial court found that Queen posed a danger to the community and refused to release him on bail, instead committing him to a residential care facility or mental health facility for 120 days for further examination; the court stated that at the end of that time period, “if we have to look at this issue again, we will definitely take up what we need to do with Mr. Queen because this case has got to end at some point.” HOLDING:Dismissed. The Legislature has set out a very specific process by which the competency of a criminal defendant to stand trial is determined. That process hinges on a determination of competency or incompetency made under Article 46B.005, and the legislature has explicitly barred any appeal from such a determination. The Legislature has provided further explicit directions allowing for appeals from orders of commitment made under Subchapter E, which come after an initial, informal determination that the defendant may lack competency to stand trial, a formal trial or determination of incompetency, commitment or release on bail and re-evaluation under Subchapter D. The Legislature has not, however, provided for appeal, interlocutory or otherwise, from a temporary commitment under Subchapter D, which is preliminary to a more permanent commitment under Subchapter E. The provisions of the Health & Safety Code which allow for appeals from orders of commitment or in-patient mental health services are not applicable to criminal defendants until a Subchapter E proceeding has occurred. By the absence of any similar provisions allowing for appeal and the legislature’s explicit bar of appeals from a determination under Article 46B.005, a determination that is an essential part of the competency process and that starts the process of evaluation and commitment, the court concludes that the Legislature did not intend to allow interlocutory appeals from orders of temporary commitment made after a determination of incompetence but before a Subchapter E proceeding. Queen is attempting to appeal from a subchapter D temporary commitment order entered following the court’s initial finding of incompetence under Article 46B.005 and pursuant to Articles 46B.055 and 46B.071. The court lacks jurisdiction over this interlocutory appeal. The court recognizes that Queen raises complaints of constitutional dimension. Claims such as Queen’s would more properly brought by way of a petition for writ of habeas corpus, the court believes. OPINION:David Puryear, J.; Law, C.J., Puryear and Waldrop, J.J.

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