Opinion
No. 04-17-00519-CR
10-12-2017
The STATE of Texas, Appellant v. Jamie Lynn NIELSEN, Appellee
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 6238
Honorable N. Keith Williams, Judge Presiding
ORDER
The State of Texas, the appellant in this case, is appealing the trial court's order granting Nielsen's motion to suppress. On October 9, 2017, the State filed a motion for extension of time in which to file its brief. Within the motion, the State indicated it "is requesting additional time to allow the trial court to make findings of fact and conclusions of law, and the record to be supplemented with that document."
The clerk's record reflects that the State requested the trial court make findings of fact and conclusions of law on August 1, 2017. Pursuant to State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006), when requested by the losing party, a trial court is required to state its essential findings. See also State v. Elias, 339 S.W.3d 667, 676-77 (Tex. Crim. App. 2011).
Accordingly, we ORDER the trial court to make findings of fact and conclusions of law on or before November 13, 2017. We additionally ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's findings of fact and conclusions of law within ten days of the trial court filing its findings of fact and conclusions of law.
The State's brief shall be due within thirty days of the trial court clerk filing the supplemental record.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court