Opinion
01-23-00779-CR
10-15-2024
Quentin Earl Edwards v. The State of Texas
County Criminal Court at Law No. 15 of Harris County Trial court case number: 2447018
ORDER OF REINSTATEMENT
David Gunn J.
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 stated 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. While the trial court permitted the parties to submit proposed findings of fact and conclusions of law regarding appellant's motion to suppress, 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.
Accordingly, on the motion of appellant, the Court abated this appeal and remanded the case to allow the trial court to enter findings of fact and conclusions of law regarding appellant's motion to suppress, and to make such findings and conclusions a part of the appellate record. A supplemental clerk's record, including the trial court's findings of fact and conclusions of law, has been filed wit the Clerk of this Court.
On September 24, 2024, the State filed a motion for reinstatement of appeal. The State's motion is granted. The appeal is reinstated on the Court's active docket.
Further, during the period of abatement, both appellant, on April 3, 2024, and the State, on September 24, 2024, filed their respective appellate briefs. Because the appeal was abated at the time, the parties' briefs were accepted by the Clerk of this Court as "received." Appellant's brief and the State's brief are accepted as "filed" as of the date of this order.
Also on September 24, 2024, the State filed a motion for extension of time to file its brief. However, because the appeal was abated at the time appellant filed his brief, no deadline for the State to file its brief was established and as such, no extension was necessary. As noted above, the State's brief is accepted as "filed" as of the date of this order. Accordingly, the State's motion for extension of time to file brief is denied as moot.
It is so ORDERED.