NUMBER 13-14-00237-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
THE STATE OF TEXAS, Appellant,
v.
ISAAC SASTAITA, Appellee.
On appeal from the 105th District Court
of Kleberg County, Texas.
ORDER
Before Chief Justice Valdez and Justices Benavides and Perkes
Order Per Curiam
The State perfected an appeal from an order granting a motion to suppress
rendered by the 105th District Court of Kleberg County, Texas in cause number 12-CRF-
0137. The State thereafter filed a motion to abate and remand to the trial court for
findings of fact and conclusions of law. By order issued on April 8, 2015, this Court
granted the State’s motion and abated and remanded this cause to the trial court with
instructions to make and find findings of fact and conclusions of law in support of its order.
See State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). We directed the trial
court to cause its findings of fact and conclusions of law to be included in a supplemental
clerk's record filed with the Court within thirty days from the date of this order. Our order
further directed the trial court to request an extension of time prior to expiration of the
deadline if the trial court required more time to comply.
This cause is before this Court because the trial court has neither filed its findings
and conclusions nor requested an extension of time to do so. On May 13, 2015, the
Clerk of this Court requested by letter that the trial court provide us with the required
findings and conclusion. On May 28, 2015 and again on June 10, 2015, a Deputy Clerk
of this Court contacted staff for the trial court to inquire about the status of the findings
and conclusions without results.
Based upon the record before the Court, the trial court held a hearing on the
requested findings and conclusions on May 28, 2015 and indicated an intent to make and
find the findings and conclusions. However, as of the current date, the trial court has not
filed a supplemental clerk’s record containing its findings and conclusions. In order for
this appeal to be considered in a timely and expeditious manner, we again respectfully
direct the trial court to cause its findings of fact and conclusions of law to be included in
a supplemental clerk's record filed with the Court within ten days from the date of this
order. Failure to do so may result in a show cause hearing.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
23rd day of June, 2015.
2
State v. Isaac Sastaita
Combined Opinion