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State v. Avans

Fourth Court of Appeals San Antonio, Texas
Jul 10, 2013
No. 04-13-00414-CR (Tex. App. Jul. 10, 2013)

Opinion

No. 04-13-00414-CR

07-10-2013

THE STATE OF TEXAS, Appellant v. Matthew David AVANS, Appellee


From the County Court at Law, Kerr County, Texas

Trial Court No. CR121253

Judge Spencer W Brown, Judge Presiding


ORDER

On June 12, 2013, the trial court granted Matthew David Avans's motion to suppress. The State timely filed a notice of appeal pursuant to article 44.01 of the Texas Code of Criminal Procedure.

The clerk's record has been filed. The record reflects the State timely filed a request for findings of fact and conclusions of law. However, the record does not contain any findings and conclusions. See Cullen v. State, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006) (holding that "upon the request of the losing party on a motion to suppress evidence, the trial court shall state its essential findings;" "the trial court must make findings of fact and conclusions of law adequate to provide an appellate court with a basis upon which to review the trial court's application of law to the facts").

We therefore abate this appeal and remand it for the trial court to make written findings of fact and conclusions of law by July 25, 2013. The trial court must make all the findings of historical fact and credibility that are essential to its conclusions. See State v. Mendoza, 365 S.W.3d 666, 670-672 (Tex. Crim. App. 2012).

We order the clerk of the trial court to file the findings and conclusions with this court in a supplemental record not later than July 30, 2013.

_____________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2013.

_____________

Keith E. Hottle

Clerk of Court


Summaries of

State v. Avans

Fourth Court of Appeals San Antonio, Texas
Jul 10, 2013
No. 04-13-00414-CR (Tex. App. Jul. 10, 2013)
Case details for

State v. Avans

Case Details

Full title:THE STATE OF TEXAS, Appellant v. Matthew David AVANS, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 10, 2013

Citations

No. 04-13-00414-CR (Tex. App. Jul. 10, 2013)