                                     In The

                               Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-12-00244-CV
                          ____________________


           IN RE COMMITMENT OF WILLIAM CYRUS SCOTT

_______________________________________________________          ______________

                   On Appeal from the 435th District Court
                        Montgomery County, Texas
                      Trial Cause No. 11-10-10849 CV
________________________________________________________          _____________

                                    ORDER

      The appeal of William Cyrus Scott was submitted for opinion without oral

argument on December 2, 2013. The second issue in the appellant’s brief includes

an argument that the trial court erred in refusing to allow the appellant’s trial

counsel to make an offer of proof as to testimony of Dr. Michael Arambula

excluded from trial. After reviewing the briefs of the appellant and the appellee,

the Court has determined that the trial court’s failure to permit the appellant to

make an offer of proof has prevented the proper presentation of the case to the

Court of Appeals. See Tex. R. App. P. 44.4(a). Because the error is remediable, we

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must remand the case to the trial court so that the appellant may make an offer of

proof. See Tex. R. App. P. 44.4(b); see also Spence v. State, 758 S.W.2d 597, 599-

600 (Tex. Crim. App. 1988).

        It is, therefore, ORDERED that the appeal is abated and the case is

remanded to the trial court for the appellant to make an offer of proof regarding the

testimony of Dr. Michael Arambula regarding whether the records show the

appellant may have sexually molested his step-sons. A supplemental record of the

offer of proof shall be filed with the Court of Appeals on or before February 10,

2014.

        ORDER ENTERED January 9, 2014.

                                                               PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ.




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