Opinion
13-20-00336-CR 13-20-00337-CR
01-12-2022
TALVIN DJUAN GARLEY, Appellant, v. THE STATE OF TEXAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal from the 122nd District Court of Galveston County, Texas.
Before Chief Justice Contreras and Justices Benavides and Longoria
ORDER OF ABATEMENT
Per Curiam
This matter is before this Court on appellant Talvin Djuan Garley's motion to abate for findings of fact and conclusions of law regarding the timeliness of the trial court's decision on appellant's motions for new trial. The Court, having examined and fully considered the motion, is of the opinion that it should be granted.
This appeal was transferred to this Court from the Fourteenth Court of Appeals in Houston by order of the Texas Supreme Court. See Tex. Gov't Code Ann. §§ 22.220(a) (delineating the jurisdiction of appellate courts); 73.001 (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer).
The Court hereby abates and remands appellate cause numbers 13-20-00336-CR and 13-20-00337-CR to the trial court for further proceedings consistent with this order. Upon remand, the trial court shall issue findings of fact and conclusions of law addressing whether it was acting under the applicable emergency orders as issued by the Texas Supreme Court, which suspended and modified certain deadlines because of the pandemic, when it ruled on appellant's motions for new trial.
Appellate cause numbers 13-20-00336-CR and 13-20-00337-CR were consolidated on April 13, 2021, and encompass trial court cause numbers 18CR0975 and 18CR0976.
The trial court shall further cause its findings to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.