Opinion
05-23-01207-CR
02-23-2024
KENNETH R. ESAW, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-85942-2023
ORDER
NANCY KENNEDY JUSTICE
Before this Court is appellant's February 22, 2024 motion to abate this case to the trial court so the trial court may enter finding of fact and conclusions of law. Appellant filed two motions to suppress in the trial court. The trial court heard and denied both motions on November 14, 2023. Appellant filed a request for findings of fact and conclusions of law on November 16, 2023, in connection with the trial court's denial of Appellant's motions to suppress. As of the date of this order, the trial court has failed to enter findings of fact or conclusions of law.
When a party requests findings of fact and conclusions of law, the court must enter such findings that are 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). Accordingly, we GRANT appellant's motion and ORDER the trial court to submit findings of fact and conclusions of law as they relate to the trial court's denial of appellant's motions to suppress.
The trial court shall file a supplemental clerk's record containing the court's written findings of fact and conclusions of law pursuant to this order within THIRTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Tom Nowak, presiding judge of the 366th Judicial District Court, Collin County, and counsel for all parties.
This appeal is ABATED for the trial court to comply with this order. The appeal will be reinstated when the supplemental clerk's record is filed or at such other time as the Court deems proper.