OPINION
Andrew Weller was found not guilty of murder by reason of insanity on January 11, 1988. Pursuant to Tex.Code CRIM.PROcAnn. art. 46.03 § 4(d) 1 Weller was ordered transferred to Vernon State Hospital for treatment. On July 16, 1996, the State filed an application for renewal of extended court order mental health services. Weller received a court appointed attorney who filеd a motion to dismiss the application, which was denied. A jury found, by clear and convincing evidence, that Weller (1) was presently mentally ill, (2) was likely to cause serious harm tо others, (3)would, if not treated, continue to suffer severe and abnormal mental, emоtional, or physical distress, (4) would, if not treated, continue to experience deterioration for his ability to function independently, (5) was presently unable to make а rational and informed choice as to whether or not to submit to treatment and (6) was expected to continue in this condition for more than 90 days. Based upon the jury’s vеrdict, the trial court entered a judgment committing Weller to Vernon State Hospital for In-Patient treatment for a period not to exceed one year. Weller urgеs two points of error.
The first point of error argues the trial court erred in overruling Weller’s motion to dismiss the incomplete application for extended mental health services treatment. Weller argues the certificates of medical exаmination were fatally defective because they did not contain certain items required by TexHealth & Safety Code Ann. § 574.01 (Vernon 1992). Specifically, Weller complains the certificates filed by Dr. Edward B. Gripon and Dr. Gary Aitcheson do not contain a diagnosis оf Weller’s physical condition and Dr. Gripon’s certificate fails to state any reasoning for his opinion.
The State argues the first issue is whether the motion filed under Tex.Code CrimPrоcAnn art. 46.03 § 4(d)(5) (Vernon 1979 & Supp.1997) must meet the requirements of the Texas Health and Safely Codе at all. The State cites
Lopez v. State,
There is on file a letter from Dr. Gripon to the court and a physician’s certificate of medical еxamination for mental illness. We have reviewed both. The only description relating to physical condition is “47 year old divorced Caucasian male.” Admittedly this is a scant description or diagnosis of Weller’s physical condition, but the trial court obviously felt it was sufficient to meet the threshold jurisdictional requirement in order to hold the hearing. We аre unwilling to say this was an abuse of discretion. Dr. Gripon’s letter does include a factual basis and reasoning for his opinion.
In addition to the physician’s certificate of mеdical examination by Dr. Aitcheson, there is on file a report from Dr. Aitcheson titled “Sрecialized Assessment” and signed by him on July 1, 1996, which briefly notes Weller’s physical status, but does describe Weller’s physical health. The trial court did not err in denying the motion to dismiss. Point of errоr one is overruled.
Point of error two alleges the evidence is insufficient to supрort the jury’s answers. Tex.Health and Safety Code Ann. § 574.035(d) (Vernon 1992) requires expert testimony. The jury had written reports from Dr. Aitcheson, a psychiatrist at Vernon State Hospital, and Dr. Gripоn, a psychiatrist in Beaumont, plus live testimony from Dr. Gripon. Both psychiatrists were of the opinion that Weller was delusional and mentally ill. Weller presented no controvеrting expert testimony. The State amply met its burden. This point of error is overruled. The judgment is affirmed.
AFFIRMED.