Opinion
05-22-01334-CR 05-22-01350-CR
06-28-2023
RODOLFO CERVANTES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F03-24822-M, F03-24830-M
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Before the Court is appellant's Motion to Abate for Trial Court Findings of Fact requesting that we abate the appeals and order the trial court to make findings of fact on appellant's motion for new trial. Texas Rule of Appellate Procedure 21.8 provides, "In ruling on a motion for new trial, the court may make oral or written findings of fact." Tex.R.App.P. 21.8(b) (emphasis added). Therefore, making findings is discretionary, not mandatory. See Lucero v. State, No. 03-21-00313-CR, 2022 WL 16556833, at *5 (Tex. App.-Austin Oct. 31, 2022, no pet.) (mem op.) (not designated for publication) ("a trial court is not required to make oral or written findings of fact when ruling on a motion for new trial, even upon request by the losing party."); Thomas v. State, 445 S.W.3d 201, 216 (Tex. App.- Houston [1st Dist.] 2103, pet. ref'd) ("there is no rule requiring a trial court to file findings of fact and conclusions of law after denying a motion for new trial"). Appellant's motion to abate is DENIED.
Appellant also moves for an extension of time to file the brief of thirty days from the date of this Court's denial of the motion to abate. We GRANT the motion for extension, and we ORDER appellant's brief filed on or before JULY 28, 2023. If appellant's brief is not filed by that date, these appeals may be abated for the trial court to make findings in accordance with Rule of Appellate Procedure 38.8. See Tex. R. App. P. 38.8(b)(2).