Opinion
NUMBER 13-16-00116-CR
06-08-2016
THE STATE OF TEXAS, Appellant, v. ARMAND BOYD, Appellee.
On appeal from the County Court at Law No. 3 of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Garza and Longoria
OrderPer Curiam
The State of Texas perfected an appeal from an order granting a motion to suppress entered by the County Court at Law No. 3 of Nueces County, Texas, in cause number 15-CR-0274-3. The State has filed a motion to abate the appeal and remand to the trial court for findings of fact and conclusions of law.
On February 4, 2016, the trial court issued an order granting a motion to suppress. On February 23, 2016, the State filed a timely request for findings of fact and conclusions of law. The trial court has not made findings of fact and conclusions of law in support of its decision to grant appellee's motion to suppress.
Upon the request of the losing party on a motion to suppress evidence, 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 the law to the facts. State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006); see State v. Elias, 339 S.W.3d 667, 677 (Tex. Crim. App. 2011). If the trial court does not enter the findings of fact and conclusions of law within twenty days from its ruling on the motion to suppress, the intermediate appellate court must exercise its authority under Texas Rule of Appellate Procedure 44.4, and remand the case to the trial court and order the trial court to enter findings of fact and conclusions of law. TEX. R. APP. P. 44.4(b); Cullen, 195 S.W.3d at 698-700.
The Court, having considered the documents on file and the State's motion, is of the opinion that the State's motion should be granted. Accordingly, the appeal is ABATED and the cause is REMANDED to the trial court with instructions to make and file findings of fact and conclusions of law consistent with the holding in Cullen. The trial court shall cause a supplemental clerk's record containing the findings and conclusions to be filed with the Clerk of this Court within thirty days from the date of this order. The appeal will be reinstated upon receipt of the supplemental clerk's record and upon further order of this Court.
It is so ORDERED.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 8th day of June, 2016.