Stevenson v. State
| Decision Date | 21 September 2016 |
| Docket Number | NO. PD-0122-15,PD-0122-15 |
| Citation | 499 S.W.3d 842 |
| Parties | Eric Dwayne Stevenson, Appellant v. The State of Texas |
| Court | Texas Court of Criminal Appeals |
R. Scott Walker, Fort Worth, for Appellant.
Steven W. Conder, Assistant District Attorney, Fort Worth, Lisa C. McMinn, State's Attorney, Austin, for the State.
A jury convicted Eric Stevenson of three counts of violating a sexually violent predator civil-commitment order. On appeal, Stevenson argued that the trial court lacked jurisdiction; the judge erred in denying his motion to quash, motion for directed verdict, and requests to admit certain evidence; and that double jeopardy barred his multiple convictions. The Second Court of Appeals upheld all three convictions and summarily denied his remaining claims. We agree with the court of appeals' conclusions, except for its resolution of Stevenson's double-jeopardy claim. We hold that the multiple punishments imposed violated Stevenson's double-jeopardy rights, and we vacate the judgments stemming from the indictment's first and third counts.
To contextualize the factual background in this case, it is necessary to set out the legal backdrop for civilly committing sexually violent predators in Texas. As explained below, the process is a hybrid combining civil rules and procedures with elements and components of criminal law. The Legislature established a civil-commitment procedure providing long-term supervision and treatment for sexually violent predators because these predators have behavioral abnormalities increasing their likelihood of recidivism and these abnormalities are not amenable to traditional mental-health treatment.1
The statute defines a sexually violent predator as a person who is “(1) a repeat sexually violent offender; and (2) suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.”2 Health and Safety Code § 841.003(b) defines a “repeat sexually violent offender” as a person who has been convicted of more than one sexually violent offense and has a sentence imposed for a sexually violent offense as defined in the statute.3 Section 841.003(b) also states that a person meets this definition even if the person enters a guilty or nolo contendere plea or is adjudicated as a juvenile for a sexually violent offense.4 For the purposes of the instant case, Stevenson's convictions for burglary of a habitation with the intent to commit sexual assault and sexual assault of a child under 17 years of age are sexually violent offenses.5
The Special Prosecuting Unit, a civil division wholly separate from the criminal division of the special prosecution unit, is responsible for commencing and seeking the civil-commitment proceeding.6 The unit may file a “petition alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation.”7 Within 270 days of the petition's service, a civil trial is required to determine whether the person is a sexually violent predator.8 While the number of jurors and voir dire are subject to the Code of Criminal Procedure, the trial 9 At the close of trial, either a judge or a unanimous jury must determine, beyond a reasonable doubt, that the person is a sexually violent predator.10
Once a judge or jury determines the person is a sexually violent predator, the judge must impose a civil-commitment order and commit the person to outpatient treatment and supervision.11 Once entered, the civil-commitment order is effective immediately “except that the outpatient treatment and supervision begins on the person's release from a secure correctional facility ....”12 The order stays in effect until the person's behavior abnormality changes so significantly that the person is no longer likely to commit “a predatory act of sexual violence.”13
Even before entering the civil-commitment order, the judge is required to impose requirements to ensure the person's compliance with treatment and supervision.14 These requirements (1) mandate that the person reside in a Texas residential facility under contract by or approved by the Council on Sex Offender Treatment, the agency responsible for providing sexually violent predators with treatment and supervision; (2) prohibit the person from contacting the victim or a potential victim; (3) prohibit any alcohol or drug possession or use; (4) order the person to participate in and comply with a specific course of treatment; (5) subject the person to GPS tracking and prohibit any tampering, altering, modifying, obstructing, or manipulating with the tracking device; (6) prohibit the person's change of address and out-of-state travel without the judge's prior approval; (7) establish a child-safety zone if the judge determines it is appropriate; (8) compel the person to notify, within twenty-four hours, a case manager of any physical health or job status changes that may affect their treatment and supervision; and (9) authorize any other requirements the judge deems necessary.15 A person who fails to comply with requirements under § 841.082 commits a third-degree felony.16
With this legal framework in mind, we now turn to the facts in this case. In 2011, a jury determined Stevenson was a sexually violent predator as defined by § 841.003. Because the jury determined Stevenson was a sexually violent predator, the judge rendered a final judgment and ordered civil commitment for treatment and supervision pursuant to § 841.081 following his release from confinement. The civil-commitment order required Stevenson to live at a designated facility; participate in and comply with the provided treatment; submit to GPS tracking and monitoring and not tamper with the GPS device; obtain permission to leave his residence; and not have any contact with family or friends unless approved by a case manager or treatment provider. After the judge denied Stevenson's motion for new trial, Stevenson appealed the judgment.17
While the appeal was pending, Stevenson violated the civil-commitment order.18 The State charged him with three counts of violating the civil-commitment order and alleged that he (1) went to his girlfriend's house without approval, (2) removed the GPS device and left the designated facility without permission, and (3) failed to make progress in the treatment program. Stevenson moved to quash the indictment pretrial, alleging the civil-commitment order was not a final or enforceable order because of his pending appeal. The judge denied the motion. Before the case went to the jury, Stevenson also moved for a directed verdict, which the judge denied. The jury found him guilty on all three counts of violating the civil-commitment order. At the punishment phase, the jury found the repeat-offender allegation true and assessed punishment at seventeen years' confinement and a $5,000 fine on each count. Five weeks after the jury convicted Stevenson, the court of appeals' mandate issued which affirmed the civil trial court's judgment on the sexually violent predator determination and resulting civil-commitment order.19
On appeal, Stevenson argued the trial court lacked jurisdiction because the civil-commitment order and sexually violent predator determination was on appeal, and therefore was not a final order from which criminal charges could stem. The court of appeals determined that the court had jurisdiction because there is no finality requirement for criminalizing violations of the civil-commitment order.20 Additionally, the court of appeals reasoned that, according to Health and Safety Code § 841.081(a), a civil-commitment order is effective immediately and does not turn on whether a final judgment was entered.21 The court of appeals rejected Stevenson's argument that the State violated his double-jeopardy rights when the jury sentenced him on all three counts of violating the civil-commitment order.22 We granted Stevenson's petition for discretionary review to review the court of appeals' analyses.
Stevenson again argues that the trial court inappropriately exercised jurisdiction over the civil-commitment order violation predicated on a non-final judgment, an essential element for the offense. As we understand Stevenson's argument, Stevenson invites this Court to read a finality requirement into Health and Safety Code § 841.085 in the same manner as in Tamez v. State23 and the Rule of Appellate Procedure 25.2(g).24 However, Tamez is unavailing because using prior convictions as an enhancement to access felony court jurisdiction is not analogous to requiring a final adjudication before initiating criminal proceedings on a civil-commitment order violation. As explained below, Rule 25.2(g) is inapplicable in this case based on the rule's plain language.
In Tamez, we held that if the State uses prior convictions to elevate a misdemeanor to a felony DWI offense, the State must plead them in the indictment for the trial court to gain jurisdiction over the matter.25 This is an important distinction because two different courts—the county and district courts—exercise jurisdiction over misdemeanor and felony matters, respectively. But this is not the case in civil-commitment order violations. Unlike Texas Penal Code § 49.09(b), that defines an elevated offense category, Health and Safety Code § 841.085 does not provide for enhancement based on prior conduct or convictions, so it does not impose a jurisdictional element. Section 841.085 provides, “[a] person commits an offense if, after having been adjudicated and civilly committed as a sexually violent predator under this chapter, the person violates a civil-commitment...
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