Opinion
01-23-00779-CR
03-07-2024
Quentin Earl Edwards v. The State of Texas
Trial court: County Criminal Court at Law No. 15 of Harris County Trial court case number: 2447018
ORDER OF ABATEMENT
APRIL FARRIS JUDGE
Appellant, Quentin Earl Edwards, filed a notice of appeal from the trial court's October 18, 2023 judgment. Appellant entered a plea of guilty to the offense charged, driving while intoxicated. However, the trial court's certification of appellant's right of appeal states that appellant retained the right to appeal matters raised by written motion filed and ruled on before trial. Specifically, appellant filed a pretrial motion to suppress evidence, which was denied by the trial court prior to trial. However, the trial court also permitted the parties to submit proposed findings of fact and conclusions of law regarding the motion to suppress. Both appellant and the State submitted proposed findings and conclusions, however, the trial court did not enter any findings of fact and conclusions of law prior to appellant entering his guilty plea and filing his notice of appeal.
Upon completion of the appellate record in a criminal appeal, the trial court loses jurisdiction to conduct any further proceedings until the disposition of the appeal. See Tex. R. App. P. 25.2(g). Accordingly, on March 1, 2024, appellant filed an "Unopposed Motion to Abate" this appeal. In his motion, appellant requested that the appeal be abated, and the case remanded to the trial court to allow the trial court to enter findings of fact and conclusions of law regarding appellant's motion to suppress, "so that those findings can be properly included in the appellate record for this Court."
The motion states that appellant conferred with the State, and that "State is unopposed" to the relief requested in the motion. See Tex. R. App. P. 10.3(a)(2).
Appellant's motion is granted. This appeal is abated and remanded to the trial court. The trial court is directed to enter findings of fact and conclusions of law regarding appellant's motion to suppress evidence, which was denied by the trial court. The trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings and conclusions entered in connection with this order. The supplemental clerk's record is due to be filed with this Court within thirty days of the date of this order.
This appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on this Court's active docket when the supplemental clerk's record is filed in this Court, at which time, the Court will set a deadline for appellant to file his brief.
It is so ORDERED.