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Junior v. State

State of Texas in the Fourteenth Court of Appeals
Apr 7, 2015
NO. 14-14-00406-CR (Tex. App. Apr. 7, 2015)

Opinion

NO. 14-14-00406-CR

04-07-2015

FOREST PENTON JUNIOR, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 185th District Court Harris County, Texas
Trial Court Cause No. 1384434

ABATEMENT ORDER

The record before this court does not contain the trial court's findings of fact and conclusions of law on the voluntariness of appellant's statement. Article 38.22, section 6 of the Texas Code of Criminal Procedure requires the trial court to make written fact findings and conclusions of law as to whether a challenged statement was made voluntarily, even if appellant did not request them or object to their absence. Tex. Code Crim. Proc. art. 38.22 § 6; Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004). The statute is mandatory and the proper procedure to correct the error is to abate the appeal and direct the trial court to make the required findings and conclusions. See Tex. R. App. P. 44.4; Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).

Accordingly, the trial court is directed to reduce to writing its findings of fact and conclusions of law on the voluntariness of appellant's statement and have a supplemental clerk's record containing those findings filed with the clerk of this Court on or before May 4, 2015.

The 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 trial court's findings and recommendations are filed in this Court. The Court will also consider an appropriate motion to reinstate the appeal filed by either party.

It is so ORDERED.

PER CURIAM


Summaries of

Junior v. State

State of Texas in the Fourteenth Court of Appeals
Apr 7, 2015
NO. 14-14-00406-CR (Tex. App. Apr. 7, 2015)
Case details for

Junior v. State

Case Details

Full title:FOREST PENTON JUNIOR, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Apr 7, 2015

Citations

NO. 14-14-00406-CR (Tex. App. Apr. 7, 2015)