Opinion
05-23-00386-CR
06-11-2024
EDWARD ELTON LEE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F20-40254-U
ORDER
NANCY KENNEDY, JUSTICE
Before this Court is the State's June 10, 2024 motion to Abate this case to the trial court so the trial court may enter Findings of Fact. Appellant challenges the voluntariness of his statement to police. In accordance with Texas law, "In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions." Tex. Code Crim. Proc. Ann. art. 38.22, § 6. In the underlying matter, the record reflects the trial court held a hearing to determine the voluntariness of appellant's statement. At the conclusion of the hearing, the trial court orally denied appellant's motion to suppress, finding his statement to be admissible.
"If the statement has been found to have been voluntarily made and held admissible . . . the court must enter an order stating its conclusion . . . along with the specific findings of facts upon which the conclusion was based, which order shall be filed among the papers of the cause." Id. An exception to this general rule exists if the required findings are properly dictated into the record by a trial judge during an oral hearing. See Murphy v. State, 112 S.W.3d 592, 601 (Tex. Crim. App. 2003). Unfortunately, while the trial court issued its ruling and legal finding that appellant was not coerced or improperly influenced, it did not articulate factual findings supporting its conclusion. No written order or findings of fact were issued by the trial court, either. Appropriate "findings are required in all cases concerning voluntariness. The statute has no exceptions." Vasquez v. State, 411 S.W.3d 918, 920 (Tex. Crim. App. 2013). Thus, a trial court is required to enter the statutory findings regardless of whether a request is made by any of the parties. Id. No such findings were entered into the record by the trial court in the underlying matter.
Accordingly, we GRANT the State's motion and ORDER the trial court to submit findings of fact and conclusions of law regarding the trial court's denial of appellant's motion 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 Stephanie Huff, presiding judge of 291st District Court, Dallas 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.