Opinion
NO. 03-15-00786-CR
01-29-2016
The State of Texas, Appellant v. Christopher Reid Dewbre, Appellee
FROM THE COUNTY COURT AT LAW NO. 6 OF TRAVIS COUNTY
NO. C-1-CR-14-207714, HONORABLE BRANDY MUELLER, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION
PER CURIAM
By order signed December 2, 2015, the trial court memorialized its November 24, 2015 grant of a motion to suppress evidence. The State filed a request for findings of fact and conclusions of law on November 24, 2015. No such findings and conclusions appear in the record before us. The Court of Criminal Appeals has held that, when findings and conclusions concerning a suppression order are requested but not made, the appropriate action for a court of appeals is to abate and remand for the trial court to make the findings and conclusions. State v. Cullen, 195 S.W.3d 696, 700 (Tex. Crim. App. 2006).
We abate this cause and remand to the trial court to make the necessary essential findings of fact and conclusions of law supporting its grant of the motion to suppress. Id. The trial court shall make and file written findings and conclusions by February 29, 2016. The trial court clerk shall file a supplemental clerk's record containing those findings and conclusions with this Court's clerk by March 8, 2016, at which time this Court's clerk will reinstate this appellate cause. Appellant's brief will be due twenty days after the date that the supplemental clerk's record is filed, and the remainder of the briefing deadlines will follow the rules of appellate procedure.
It is ordered on January 29, 2016. Before Chief Justice Rose, Justices Pemberton and Bourland Abated and Remanded Filed: January 29, 2016 Do Not Publish