Opinion
05-23-00764-CR
01-04-2024
THE STATE OF TEXAS, Appellant v. JOSE SALVADOR MARTINEZ, Appellee
On Appeal from the County Criminal Court No. 1 Dallas County, Texas Trial Court Cause No. M19-24633
ORDER
NANCY KENNEDY JUSTICE
We REINSTATE this appeal.
The trial court's findings of fact and conclusions of law on the order granting appellee's motion to suppress are overdue.
On June 29, 2023, the trial court signed an order granting appellee's motion to suppress. On July 6, 2023, the State filed its request with the trial court for written findings of fact and conclusions of law supporting the trial court's decision to grant Appellee's motion to suppress. The State filed its notice of appeal on July 17, 2023.
On September 25, 2023, the State filed a motion to abate the appeal for the trial court to make findings of fact and conclusions of law on the order granting appellee's motion to suppress. On September 27, 2023, this Court granted the motion and ordered the trial court to file the findings of fact and conclusions of law on or before October 27, 2023. On November 29, 2023, we again ordered the trial court to file the findings of fact and conclusions of law by December 29, 2023. As of the date of this order, the findings of fact and conclusions of law have not been filed.
We ORDER the trial court to transmit to this Court findings of fact and conclusions of law in support of the order granting the motion to suppress on or before JANUARY 22, 2024. If the findings and conclusions have not been filed by that date, the record will be considered complete, and the parties may raise in their briefs the trial court's failure to make findings and conclusions.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the trial court's findings and conclusions or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Marilynn Mayse, Presiding Judge, County Criminal Court No. 1; Patricia Holt, Court Reporter; John F. Warren, Dallas County Clerk; and counsel for all parties.