Opinion
No. 05-17-00287-CR
08-29-2017
JOSEPH GLENN BEATY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-76098-T
ORDER
Before the Court is appellant's August 28, 2017, motion to abate the appeal for findings of fact and conclusions of law. In the motion, appellant asserts, and the clerk's record on file at the Court confirms, he filed a March 16, 2017, motion requesting findings of fact and conclusions of law after the trial court denied his motion to suppress. We GRANT appellant's August 28th motion.
We ORDER the Presiding Judge, 283rd Judicial District Court, Dallas County, to issue, on or before SEPTEMBER 28, 2017, findings of fact and conclusions of law. See State v. Elias, 339 S.W.3d 667, 674 (Tex. Crim. App. 2011); State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If necessary, the judge may review the reporter's record of the testimony upon which the original ruling was made to refresh their recollection of the reasons behind such ruling. See Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).
We ORDER Dallas County Clerk Felicia Pitre to file a supplemental clerk's record containing the trial court's findings and conclusions on or before OCTOBER 6, 2017.
We DIRECT the Clerk of this Court to send a copy of this order to the Presiding Judge, 283rd Judicial District Court, Dallas County; Mary Murphy, Regional Administrative Judge; Ms. Pitre; and counsel for the parties.
We ABATE the appeal to allow the trial court an opportunity to comply with this order. It shall be reinstated when the supplemental clerk's record is filed or by October 6, 2017, whichever is earlier.
/s/ ADA BROWN
JUSTICE