Opinion
NO. 12-14-00210-CR
05-18-2016
BOBBIE DEWA YNE GRUBBS, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 273RD JUDICIAL DISTRICT COURT SHELBY COUNTY, TEXAS
ORDER
Bobbie Dewayne Grubbs appeals his convictions for capital murder and two counts of aggravated assault. In Appellant's third and fourth issues, he argues that his statements to police officers are inadmissible under Texas law because they were given involuntarily. Appellant filed a pretrial motion to suppress the statements, and a hearing was held on the motion. Thereafter, the trial court denied the motion to suppress. We do not find in the record the trial court's "order stating its conclusion as to whether or not the statement[s] w[ere] voluntarily made, along with the specific finding of facts upon which the conclusion was based," as required under Texas Code of Criminal Procedure Article 38.22, Section 6.
The court of criminal appeals has held that "written findings are required in all cases concerning voluntariness. The statute has no exceptions." See Vasquez v. State, 411 S.W.3d 918, 920 (Tex. Crim. App. 2013). Thus, a court of appeals errs by not abating for the requisite findings, even where, as here, "neither party requested written findings at any level of the proceedings." See id. Therefore, we must abate the case, remand it for preparation of an order stating the trial court's conclusions and findings of fact pursuant to Texas Code of Criminal Procedure Article 38.22, Section 6, and direct that the order be filed in this court in a supplemental clerk's record.
Accordingly,
It is ORDERED that the Honorable Charles Mitchell shall immediately prepare and file an order including his conclusions and supporting findings of fact regarding the voluntariness of Appellant's statements in compliance with Texas Code of Criminal Procedure, Article 38.22, Section 6.
It is FURTHER ORDERED that a supplemental clerk's record including the order and findings be certified to this Court on or before June 30, 2016.
It is FURTHER ORDERED that the Appellant shall have thirty (30) days from the date that the supplemental clerk's record is filed to file any supplemental brief based on the conclusions and findings of the trial court.
It is FURTHER ORDERED that the Appellee shall have thirty (30) days from the date that the Appellant files his supplemental brief, or from the date that Appellant's time to file a supplemental brief expires, whichever is earlier, to file any supplemental brief based on the trial court's conclusions and findings and the Appellant's supplemental brief.
It is FURTHER ORDERED that the submission of this case is postponed to give the parties an opportunity to properly present it in the briefs. See TEX. R. APP. P. 38.9(b).
It is FINALLY ORDERED that the case is removed from this Court's active docket. The appeal will be reinstated on this Court's active docket upon the earlier of the Appellee's filing its response to the Appellant's briefing, or further order of this Court.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12th Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas this 18th day of May, 2016, A.D.
Respectfully yours,
PAM ESTES, CLERK
By: /s/_________
Katrina McClenny, Chief Deputy Clerk