Opinion
NUMBER 13-19-00617-CR
03-26-2020
BENINO DE LA GARZA, Appellant, v. THE STATE OF TEXAS, Appellee.
On appeal from the 377th District Court of Victoria County, Texas.
ORDER TO ABATE
Before Chief Justice Contreras and Justices Longoria and Hinojosa
Order Per Curiam
Appellant, Benino De La Garza, is appealing an order denying a motion to suppress entered by the 377th District Court of Victoria County, Texas, in cause number 19-06-31557-D. Now before the Court is appellant's motion to abate and remand to the trial court for findings of fact and conclusions of law.
On October 3, 2019, the trial court issued an order denying a motion to suppress. On October 21, 2019, the appellant timely filed a request for findings of fact and conclusions of law. The current record contains no findings of fact and conclusions of law in support of the trial court's decision to deny the appellee's motion to suppress.
Upon the request of the losing party on a motion to suppress, the trial court must make 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. State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If the trial court does not enter the findings of fact and conclusions of law within twenty days from its ruling on the motion to suppress, the intermediate appellate court must exercise its authority, under Texas Rule of Appellate Procedure 44.4, and remand the case to the trial court and order the trial court to enter findings of fact and conclusions of law. TEX. R. APP. PROC. 44.4; Cullen, 195 S.W.3d at 698-700.
The Court, having considered the documents on file and the appellant's motion, is of the opinion that the motion should be granted. Accordingly, we GRANT counsel's motion to abate the present appeal. See TEX. R. APP. P. 44.4.
This appeal is ABATED, and the cause REMANDED to the trial court. Upon remand, the trial court is instructed to make and file findings of fact and conclusions of law consistent with the holding in Cullen. A supplemental record containing these findings of fact and conclusions of law should be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 26th day of March, 2020.