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Moore v. State

Court of Appeals of Texas, Fourteenth District
Jul 16, 2024
No. 14-24-00158-CR (Tex. App. Jul. 16, 2024)

Opinion

14-24-00158-CR

07-16-2024

JOSEPH ANTHONY LEE MOORE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 96425-CR

Panel Consists of Justices Wise, Bourliot, and Wilson.

ABATEMENT ORDER

PER CURIAM.

The trial court failed to submit findings of fact and conclusions of law on the voluntariness of appellant's statement that were contested in a motion appellant filed with the trial court November 6, 2023. 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. Ann. art. 38.22 § 6 (Vernon 2005); 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 statements and have a supplemental clerk's record containing those findings filed with the clerk of this court on or before August 15, 2024. If the trial court's findings were dictated into the record, the trial court is directed to include those findings in a supplemental clerk's record to be filed with the clerk of this court on or August 15, 2024.

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.


Summaries of

Moore v. State

Court of Appeals of Texas, Fourteenth District
Jul 16, 2024
No. 14-24-00158-CR (Tex. App. Jul. 16, 2024)
Case details for

Moore v. State

Case Details

Full title:JOSEPH ANTHONY LEE MOORE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District

Date published: Jul 16, 2024

Citations

No. 14-24-00158-CR (Tex. App. Jul. 16, 2024)