IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 26, 2007
______________________________
THE STATE OF TEXAS,
Appellant
v.
JUAN MANUEL RAMIREZ,
Appellee
_________________________________
FROM THE COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;
NO. 117860; HON. W. F. ROBERTS, PRESIDING
_______________________________
ON ABATEMENT AND REMAND _______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
The State of Texas appeals from the trial court's granting of appellee's motion to suppress. Within twenty days of entry of the trial court's ruling, the State filed a request for findings of fact and conclusions of law. However, the trial court neither entered such findings and conclusions nor announced the basis for its ruling on the record. Upon request of a losing party on a motion to suppress, the trial court must make findings of fact and conclusions of law adequate to provide the court of appeals with a basis upon which to review the trial court's application of the law to the facts. State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006).
Accordingly, we abate the appeal and remand the cause to the County Court at Law No. 1 of Potter County for further proceedings. Upon remand, the trial court shall enter findings of fact and conclusions of law consistent with the court's ruling in Cullen and cause to be developed a supplemental clerk's record containing its findings of fact and conclusions of law. The court shall then file the supplemental record with this court on or before twenty days from the date of this order. Should further time be needed by the trial court, then it must be requested by the same deadline. Upon receipt of the supplemental record, the case will be submitted to the court on the briefs in twenty-one days. If appellee wishes to file a brief, he should do so within the latter referenced time period.
It is so ordered.
Per Curiam
Do not publish.
gent, what steps should be taken to ensure that appellant will promptly retain an attorney who will diligently pursue the appeal and that appellant will make the necessary arrangements to prosecute his appeal.
2. If appellant is indigent, whether an attorney should be appointed to handle the appeal. If such attorney is appointed, this court should be supplied the attorney's name, address, and State Bar of Texas identification number.
3. If appellant is indigent, what steps are necessary to ensure the prompt preparation of a reporter's record.
4. If any orders are necessary to ensure the diligent and proper pursuit of appellant's appeal.
In support of its determinations, the trial court will prepare and file written findings of fact and conclusions of law and cause them to be included in a supplemental clerk's record. In addition, the trial court shall cause a transcription of the hearing to be prepared and included in a reporter's record. The supplemental clerk's record and reporter's record should be submitted to this court no later than January 15, 2002.
It is so ordered.
Per Curiam
Do not publish.