Opinion
01-23-00542-CR
05-14-2024
Byron Lloyd Collins v. The State of Texas
174th District Court of Harris County 1799146 Trial court case number:
ORDER OF ABATEMENT
April Farris J.
Appellant, Byron Lloyd Collins, appealed from the trial court's July 19, 2023 Judgment of Conviction by Jury. Prior to trial in the underlying cause, appellant moved to suppress statements he made to law enforcement, arguing that they were not made voluntarily. The appellate record reflects that the trial court held a hearing and denied appellant's motion to suppress his statements. However, the appellate record does not include any written findings of fact and conclusions of law regarding appellant's motion to suppress.
In his appellant's brief, appellant argued that the "trial court erred in failing to prepare findings of fact and conclusions of law on the voluntariness of" his statements to law enforcement. See Tex. Code Crim. Proc. Ann. art. 38.22, §6 ("In all cases where a question is raised as to the voluntariness of a statement of an accused . . . If the statement has been found to have been voluntarily made and held admissible as a mater of law and fact by the court in a hearing in the absence of the jury, the court must enter an order stating its conclusion as to whether or not the statement was voluntarily made, along with the specific finding of facts upon which the conclusion was based, which order shall be filed among the papers of the cause.").
On May 1, 2024, the State filed a "Motion to Abate for Article 38.22 Findings." In its motion, the State notes that the Texas Court of Criminal Appeals has held that an appellate court may not address arguments regarding voluntariness of a defendant's statements where the appellate record does not include the written findings of fact and conclusions of law required by article 38.22. See Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004). Accordingly, the State requests that the Court "abate the case for the trial court to enter its findings into the record so this Court can address the appellant's complaint."
The Court grants the State's motion to abate the appeal. The appeal is abated, removed from the Court's active docket, and remanded to the trial court. Within fifteen days of the date of this order, the trial court is directed to prepare and file findings of fact and conclusions of law in compliance with article 38.22, section 6 of the Texas Code of Criminal Procedure. The trial court clerk is further directed to file a supplemental clerk's record including the trial court's findings and conclusions within thirty days of the date of this order.
This appeal will be reinstated on the Court's active docket after the supplemental clerk's record ordered herein is filed with the Clerk of this Court, or on successful motion of any party. Upon reinstatement of this appeal, a new deadline for the filing of the State's brief will be set.
It is so ORDERED.