IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

ERIC DWAYNE STEVENSON, § 

APPELLANT § 

 § 

v. § NO. PD-0122-15

 § 

THE STATE OF TEXAS, § 

 APPELLEE § 

ON DISCRETIONARY REVIEW FROM CAUSE NUMBER 02-13-

00537-CR IN THE COURT OF APPEALS FOR THE SECOND APPEALS 

DISTRICT OF TEXAS.

§ § § 

 STATE'S POST-SUBMISSION SUPPLEMENTAL BRIEF

§ § §

SHAREN WILSON

Criminal District Attorney

Tarrant County, Texas

DEBRA WINDSOR

Chief, Post-Conviction

STEVEN W. CONDER, Assistant

Criminal District Attorney

401 W. Belknap

Fort Worth, Texas 76196-0201

(817) 884-1687

FAX (817) 884-1672 

State Bar No. 04656510

COAAppellatealerts@tarrantcountytx.gov

LISA MCMINN

State Prosecuting Attorney

Austin, Texas

PD-0122-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 8/25/2015 10:29:42 AM

Accepted 8/25/2015 11:17:38 AM

ABEL ACOSTA

CLERK
i

TABLE OF CONTENTS

INDEX OF AUTHORITIES ......................................................................... ii

STATEMENT OF THE CASE .....................................................................1

STATEMENT OF FACTS ..........................................................................2

STATE’S SUPPLEMENTAL RESPONSE...................................................3

CONCLUSION AND PRAYER ...................................................................6

CERTIFICATE OF SERVICE .....................................................................7

CERTIFICATE OF COMPLIANCE..............................................................8
ii

INDEX OF AUTHORITIES

CASES PAGES

Ex parte Webb,

270 S.W.3d 108 (Tex. Crim. App. 2008) ..................................................5

In re Commitment of Stevenson

2013 WL 5302591 (Tex. App. - Beaumont September 19, 2013).............2

Stevenson v. State,

2015 WL 221816 (Tex. App. – Fort Worth Jan. 15, 2015)........................2

STATUTES

Tex. Health & Safety Code Ann. § 841.082 ........................................4, 5, 6

Tex. Health & Safety Code Ann. § 841.085(a) ........................................4, 6

RULES

Tex. R. App. P. 9.4(e) .................................................................................8

Tex. R. App. P. 9.4(i) ..................................................................................8

Tex. R. App. P. 18.1(a)(2)...........................................................................5
1

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

ERIC DWAYNE STEVENSON, §

APPELLANT §

§

V. § NO. PD-0122-15

§

THE STATE OF TEXAS, §

APPELLEE §

ON DISCRETIONARY REVIEW FROM CAUSE NUMBER 02-13-

00537-CR IN THE COURT OF APPEALS FOR THE SECOND APPEALS 

DISTRICT OF TEXAS.

TO THE HONORABLE COURT OF APPEALS:

STATEMENT OF THE CASE

The appellant was convicted of three counts of violating the civil 

commitment requirements for sexually violent predators by 

• Engaging in contact with family members, casual relations or 

friends who had not been approved by his program specialist or 

treatment advisor;

• Failing to abide with his GPS tracking requirements by 

separating from his miniature tracking device; and

• Failing to make progress in his sexually violent predator 

treatment program resulting in his discharge.

(C.R. I:104-11). The jury found the repeat offender notice to be true, and 

sentenced him to seventeen years’ confinement and a $5000 fine for each 
2

count. (C.R. I:116-18).

The Court of Appeals for the Second District of Texas overruled the 

appellant’s five points of error and affirmed his conviction. Stevenson v. 

State, 2015 WL 221816 at *1-2 (Tex. App. – Fort Worth January 15, 2015)

(not designated for publication).

This Court granted the appellant’s petition for discretionary review on 

April 29, 2015. The State filed its brief on July 16, 2015. This cause was 

submitted on August 5, 2015. See Stevenson v. State

(http://www.search.txcourts.gov/Case.aspx?cn=PD-0122-15&coa=coscca).

STATEMENT OF FACTS

On September 14, 2011, the appellant was found by a jury to be a 

sexually violent predator. (R.R. IV:38, 42, VIII:State’s Exhibit #2). The trial 

court entered a final judgment and order of civil commitment for outpatient 

treatment. (R.R. IV:38, 42, VIII:State’s Exhibits #1 & 2).1

 The appellant 

began his civil commitment on December 27, 2011, when he was assigned 

to a transitional living center in Fort Worth. (R.R. IV:37, 55). 

 

1 The Court of Appeals for the Ninth District of Texas affirmed the 

appellant’s final judgment and civil commitment order on September 19, 

2013. See In re Commitment of Stevenson, 2013 WL 5302591 (Tex. App. 

– Beaumont September 19, 2013) (not designated for publication).
3

On February 26, 2012, the appellant removed his tracking device and 

left the transition center without permission. (R.R. IV:45-46, 47-48). He 

was located his girlfriend’s apartment. (R.R. IV:94-95). The appellant had 

not been approved to remove his GPS device or have contact with his 

girlfriend. (R.R. IV:49-51, IV:150-151).

STATE'S SUPPLEMENTAL RESPONSE

The appellant’s conviction should be reformed to reflect a single 

count of violating his civil commitment requirements due to recent 

legislative changes to the civil commitment statutes.

In the 2015 session, the Texas Legislature revised the statutory 

language for criminally prosecuting sexually violent predators for violating 

their civil commitment requirements as follows:

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 requirement imposed under 

Section 841.082(a)(1), (2), (4), or (5).

See 2015 Tex. Sess. Law Serv. Ch. 845 (S.B. 746) §19 (to be codified at

Tex. Health & Safety Code Ann. § 841.085(a)). The Legislature also 

revised the civil commitment requirements as follows:

Before entering an order directing a person's civil commitment, the 
4

judge shall impose on the person requirements necessary to ensure 

the person's compliance with treatment and supervision and to 

protect the community. The requirements shall include:

(1) requiring the person to reside where instructed by the office;

(2) prohibiting the person's contact with a victim of the person;

(3) requiring the person's participation in and compliance with the 

sex offender treatment provided by the office and compliance with 

all written requirements imposed by the office;

(4) requiring the person to:

(A) submit to tracking under a particular type of tracking 

service and to any other appropriate supervision; and

(B) refrain from tampering with, altering, modifying, obstructing, 

or manipulating the tracking equipment; and

(5) prohibiting the person leaving the state without prior 

authorization from the office.

See 2015 Tex. Sess. Law Serv. Ch. 845 (S.B. 746) §13 (to be codified at

Tex. Health & Safety Code Ann. § 841.082(a)). These statutory changes 

eliminated the criminal prosecution of civilly committed sexually violent 

predators for:

• Possessing or using alcohol, inhalants or a controlled 

substance;

• Failing to participate or comply with the sex offender treatment 

program;

• Failing to comply with written requirements imposed by the 
5

office or the case manager;

• Changing their residence without authorization from the judge; 

and 

• Violating any other requirement determined necessary by the 

judge.

See former Tex. Health & Safety Code Ann. § 841.082. These statutory 

changes apply to the appellant because his conviction was not final on 

June 17, 2015.

2 See 2015 Tex. Sess. Law Serv. Ch. 845 (S.B. 746) §§41 

& 44.

The 2015 statutory changes do not completely invalidate the 

appellant’s conviction because one of his violations remains a valid basis 

for criminal prosecution. The appellant was convicted of violating the 

requirements of his civil commitment by:

1. Engaging in contact with family members, casual relations or 

friends who had not been approved by his program specialist or 

treatment advisor;

2. Failing to abide with his GPS tracking requirements by 

separating from his miniature tracking device; and

3. Failing to make progress in his sexually violent predator 

 

2 A conviction in which an appeal has been taken is not final until the Court 

of Appeals has issued its mandate to the trial court. Ex parte Webb, 270 

S.W.3d 108, 111 (Tex. Crim. App. 2008). Mandate does not issue before 

the Court of Criminal Appeals rules on a petition for discretionary review. 

Tex. R. App. P. 18.1(a)(2).
6

treatment program resulting in his discharge.

(C.R. I:104-11).

The State acknowledges that violations #1 and 3 are no longer valid 

bases for a criminal prosecution; however, violation #2 (tampering with, 

obstructing or manipulating his tracking equipment by separating from it; 

thereby, removing himself from any tracking) remains a valid basis for 

criminal prosecution. See Tex. Health & Safety Code Ann. §§ 841.082(a), 

841.085(a). Thus, the appellant’s convictions should be reformed to reflect 

this single criminal violation of his civil commitment requirements.3

CONCLUSION AND PRAYER

The appellant’s convictions for violating the civil commitment 

requirements for sexually violent predators should be reformed to reflect a 

single criminal violation.

Respectfully submitted,

SHAREN WILSON

Criminal District Attorney

 

3 Reformation of the appellant’s convictions to reflect a single criminal 

violation of his civil commitment requirements renders moot his ground for 

review that his multiple convictions violate his protection against double 

jeopardy.
7

Tarrant County, Texas

DEBRA WINDSOR

Chief, Post-Conviction

/s/ Steven W. Conder 

STEVEN W. CONDER, Assistant

Criminal District Attorney

401 W. Belknap

Fort Worth, Texas 76196-0201

(817) 884-1687

FAX (817) 884-1672

State Bar No. 04656510

COAAppellatealerts@tarrantcountytx.gov

LISA MCMINN

State Prosecuting Attorney

Austin, Texas

CERTIFICATE OF SERVICE

True copies of the State's post-submission supplemental brief have

been electronically served on opposing counsel, the Hon. Scott Walker

(scott@lawyerwalker.com), 222 W. Exchange Avenue, Fort Worth, Texas 

76164; and the State Prosecuting Attorney, the Hon. Lisa McMinn 

(information@spa.texas.gov), P.O. Box 13046, Austin, Texas 78711-3046,

on this, the 25th day of August, 2015.

/s/ Steven W. Conder 

STEVEN W. CONDER
8

CERTIFICATE OF COMPLIANCE

This document complies with the typeface requirements of Tex. R. 

App. P. 9.4(e). It has been prepared in a conventional typeface no smaller 

than 14-point for text and 12-point for footnotes. This document complies 

with the word-count limitations of Tex. R. App. P. 9.4(i). It contains 

approximately 827 words, excluding those parts exempted, as computed by 

Microsoft Office Word 2010.

/s/ Steven W. Conder 

STEVEN W. CONDER

c18.stevenson eric dwayne.br/cca/supplemental