Opinion
14-23-00176-CR
11-07-2023
MICHELE WARNER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 183rd District Court Harris County, Texas Trial Court Cause No. 1725517
Panel Consists of Justices Jewell, Spain, and Wilson.
ORDER
PER CURIAM
The State has filed a motion for reconsideration of this court's abatement order issued August 10, 2023, which abated the case and instructed the trial court to make written findings of fact and conclusions of law on appellant's own motion. The record reflects that appellant's initial request for findings of fact and conclusions of law in association with a motion to suppress evidence was made to this court, rather than the trial court, more than four months after the trial court denied appellant's motion to suppress and imposed appellant's sentence.
We acknowledge appellant was represented by different counsel during the trial court proceedings than the one representing him on appeal.
In order to be entitled to findings of fact and conclusions of law, a party must timely request them. Cf. State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006) (quoting Tex.R.Civ.P. 297). A party's failure to timely assert a request for findings of fact and conclusions of law can leave the party with no entitlement to them. See Haskell v. State, 664 S.W.3d 152, 154 (Tex. Crim. App. 2022) (per curiam) (holding defendant was not entitled to have findings of fact issued on suppression motion because, although he timely requested them, he only reiterated the request more than one year after findings initially became due). We conclude appellant did not timely request that the trial court make written findings of fact and conclusions of law on appellant's motion to suppress evidence. Cf. Melendez v. State, 467 S.W.3d 586, 590 (Tex. App.-San Antonio 2015, no pet.) (holding that because defendant filed request for findings of fact and conclusions of law less than 20 days after contested trial court judgment, it was timely filed).
Accordingly, we grant the State's motion. This appeal is hereby reinstated. Appellant's brief is due within 30 days of the date of this order.