Opinion
NO. 09-15-00314-CR
05-05-2016
THE STATE OF TEXAS, Appellant v. DAVID ALLEN STANLEY II, Appellee
On Appeal from the 258th District Court Polk County, Texas
Trial Cause No. 23,727
ORDER
In this appeal, the State (State or Appellant) challenges the trial court's ruling on Appellant David Allen Stanley II's (Stanley or Appellee) motion to suppress. The State requested findings of fact and conclusions of law, but the record contains no written or oral findings on the motion to suppress.
When the losing party on a motion to suppress requests findings of fact and conclusions of law, the trial court is required to make them. State v. Cullen, 195 S.W.3d 696, 698-99 (Tex. Crim. App. 2006); Blocker v. State, 231 S.W.3d 595, 596 (Tex. App.—Waco 2007, order, no pet.) (per curiam). The "efficient administration of justice will be served by a requirement that trial judges respond to a request for findings of fact and conclusions of law." Cullen, 195 S.W.3d at 699; Blocker, 231 S.W.3d at 596. The State filed a written request that the trial court enter findings of fact and conclusions of law, and although the trial court entered an order stating the trial court would enter such findings, the record before us does not contain findings of fact and conclusions of law signed by the trial court. Therefore, we abate this appeal for the trial court to enter findings of fact and conclusions of law regarding the granting of the motion to suppress. Blocker, 231 S.W.3d at 598.
Accordingly, it is ORDERED that the appeal is ABATED and the case is REMANDED to the trial court for entry of findings of fact and conclusions of law on the trial court's essential findings on the issues raised in the hearing of Appellee's motion to suppress. See Tex. R. App. P. 44.4. A supplemental clerk's record containing the trial court's findings of fact and conclusions of law are due to be filed in this Court by June 6, 2016. See Tex. R. App. P. 34.5(c)(2). All appellate timetables are suspended pending filing of the supplemental clerk's record with this Court. The parties may address the trial court's findings of fact and conclusions of law in supplemental briefs. The Appellant's supplemental brief is due twenty days after the supplemental clerk's record is filed. The Appellee's supplemental brief is due twenty days after the Appellant files its supplemental brief. Requests for briefing extensions will be strongly disfavored.
ORDER ENTERED May 5, 2016.
PER CURIAM Before McKeithen, C.J., Kreger and Johnson, JJ.