Opinion
No. 04-13-00219-CR
09-30-2013
Robert BROWN, Appellant v. The STATE of Texas, Appellee
From the 216th Judicial District Court, Bandera County, Texas
Trial Court No. CR-12-033
The Honorable N. Keith Williams, Judge Presiding
ORDER
After the trial court denied appellant's motion to suppress in a general order, appellant timely filed a written request for finding of fact and conclusions of law. The trial court signed an order granting appellant's request. The court of criminal appeals held in State v. Cullen that, "upon request of the losing party on a motion to suppress evidence, the trial court shall state its essential findings. By 'essential findings' we mean that the trial court must make findings of fact and conclusions of law adequate to provide an appellate court with a basis upon which to the review the trial court's application of the law to the facts." State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). We have reviewed the clerk's record and the reporter's record to determine if the trial court made the requested findings and conclusions. See id. (holding findings and conclusions need to be recorded in some way, whether written out and filed by the trial court, or stated on the record at the hearing). We find that no findings of fact or conclusions of law relative to appellant's motion to suppress appear in the clerk's record or the reporter's record.
Accordingly, this appeal is ABATED and the trial court is ORDERED to make findings of fact and conclusions of law with respect to appellant's motion to suppress within thirty (30) days from the date of this order. The findings of fact and conclusions of law may be in the form of written findings or oral findings made at a hearing in open court with all counsel present. If the trial court makes written findings, we ORDER the trial court clerk to prepare and file a supplemental clerk's record containing the trial court's written findings on or before the fifteenth (15th) day from the date of the trial court's findings. If the trial court makes oral findings on the record in open court, we ORDER the court reporter to prepare and file a reporter's record of the hearing on or before the fifteenth (15th) day from the date of the hearing. All appellate deadlines are suspended pending further order of this court.
The clerk of this court is ORDERED to serve a copy of this order on the trial court, the trial court clerk, the court reporter, and all counsel.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of September, 2013.
/s/_________
Keith E. Hottle
Clerk of Court