Opinion
No. 10-11-00053-CR
Order issued and filed August 17, 2011. DO NOT PUBLISH.
Appealed from the 361st District Court Brazos County, Texas, Trial Court No. 09-04686-CRF-361. Motion granted; appeal abated.
Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.
ABATEMENT ORDER
Appellant has filed a motion to abate this appeal, requesting abatement so that the trial court can make and enter findings of fact and conclusions of law on the denial of Appellant's motions to suppress before Appellant prepares and files his brief. The State has not filed a response. On January 12, 2011, Appellant filed in the trial court a request for findings of fact and conclusions of law on any denied motion to suppress evidence. When the losing party on a motion to suppress requests findings of fact and conclusions of law, the trial court is required to make them. State v. Cullen, 195 S.W.3d 696, 698-99 (Tex. Crim. App. 2006). When required findings have not been made, we must abate the appeal so they can be made. Blocker v. State, 231 S.W.3d 595, 598 (Tex. App.-Waco 2007, order). Appellant's motion to abate is granted. This appeal is abated so that the trial court can make and enter findings of fact and conclusions of law on Appellant's motions to suppress within twenty-one (21) days of the date of this order. Within thirty-five (35) days of the date of this order, the trial court clerk shall: (1) prepare a supplemental clerk's record containing all orders and findings of fact and conclusions of law that the trial court has rendered or made on Appellant's motions to suppress; and (2) file the supplemental clerk's record with the Clerk of this Court, upon which this appeal shall be reinstated. Appellant's brief will be due thirty days after the supplemental clerk's record is filed. Appellant's motion for extension of time to file appellant's brief is therefore dismissed as moot.