Opinion
04-24-00435-CR
10-17-2024
The STATE of Texas, Appellant v. Jesus SANCHEZ, Appellee
From the County Court at Law No 2, Webb County, Texas Trial Court No. 2020CRB000444L2 Honorable Leticia Martinez, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
The State appeals from the trial court's order granting, in part, the defendant's motion to suppress. The State has filed a motion to abate this appeal for findings of fact and conclusions of law. Pursuant to State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006), when requested by the losing party, a trial court is required to state its essential findings. "Essential findings" means "findings of fact and conclusions of law adequate to provide an appellate court with a basis upon which to review the trial court's application of the law to the facts" and "covering every potentially dispositive issue that might reasonably be said to have arisen in the course of the suppression proceedings." State v. Elias, 339 S.W.3d 667, 674, 676 (Tex. Crim. App. 2011); State v. Adams, 454 S.W.3d 38, 48 (Tex. App.-San Antonio 2014, no pet.). The clerk's record reflects that the State asked the trial court to make findings of fact and conclusions of law, but no findings of fact and conclusions of law were filed.
After reviewing the appellate record, we are of the opinion that the State's motion should be granted. Accordingly, the motion to abate this appeal is GRANTED. This appeal is ABATED, and the cause is REMANDED to the trial court so that it can make its essential findings relating to its decision to grant, in part, the defendant's motion to suppress. We ORDER the trial court to make findings of fact and conclusions of law on or before November 20, 2024. We ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law within 10 days of the trial court filing its findings of fact and conclusions of law. We ORDER the court reporter to file a reporter's record of any hearing held on this issue within 30 days of such a hearing.
All appellate deadlines are suspended pending further order from this court.