Opinion
05-24-00093-CR
02-26-2024
EX PARTE AGIM MIXHA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 7 Collin County, Texas Trial Court Cause No. W-007-86824-2023-HC1
ORDER
BILL PEDERSEN, III JUSTICE
Before this Court is appellant's February 16, 2024 motion to abate this case to the trial court so the trial court may enter "Adequate Findings of Fact." Appellant filed a pretrial application for writ of habeas corpus arguing the court's electric leg monitor (ELM) bond condition is illegal. The trial court held a live hearing and denied relief. After the hearing, the court signed findings of fact and conclusions of law. Appellant objected to the court's findings and requested more detailed findings. The court did not enter more detailed findings.
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); see also State v. Saenz, 411 S.W.3d 488, 495 (Tex. Crim. App. 2013). The findings must be "adequate and complete, covering every potentially dispositive issue that might reasonably be said to have arisen." State v. Elias, 339 S.W.3d 667, 677 (Tex. Crim. App. 2011).
Here, the trial court's findings are inadequate because they do not cover every potentially dispositive issue raised in the trial court. Elias, 339 S.W.3d at 677. The trial court's findings fail to address appellant's claims that 1) the ELM is a restrictive and unreasonably oppressive condition of bail under the Eighth Amendment, 2) the ELM is a restrictive and oppressive condition of bail under Art. I, sections 11, 13, and 19 of the Texas Constitution, and 3) the ELM is an oppressive condition of bail under Tex. Code Crim. Proc. arts. 1.07, 17.028, and 17.40.
Accordingly, we GRANT appellant's motion and ORDER the trial court to submit supplemental findings of fact and conclusions of law that cover the issues set forth above. To the extent appellant's motion seeks findings on issues other than those set out above, appellant's motion is DENIED.
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 David Waddill, presiding judge of County Court at Law No. 7, 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.