NO. 07-07-0157-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 29, 2008
______________________________
CARL ALLEN CARTER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY;
NO. 4063; HONORABLE STEVEN R. EMMERT, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
ABATEMENT AND REMAND
Appellant, Carl Allen Carter, appeals his conviction for the felony offense of
possession of a controlled substance with intent to deliver in violation of § 481.112 of the
Texas Health and Safety Code, and punishment of twenty-five years confinement and a
twenty-five thousand dollar fine. On appeal, Appellant contends, among other issues, that
the trial court erred when it denied his motion to suppress involuntary oral statements
made to the police. Because the trial court failed to make findings of fact and conclusions
of law in compliance with article 38.22, section 6 of the Texas Code of Criminal Procedure,
we must abate this appeal and remand to permit the trial court to make orders necessary
to the resolution of this appeal. See Tex. Code Crim. Proc. Ann. art. 38.22 § 6 (Vernon
2005).
The record shows Appellant filed a written pretrial motion to suppress oral and
written statements. Appellant’s motion alleged his confessions were involuntary,
specifically citing article 38.22 of the Code of Criminal Procedure. The trial court
conducted an evidentiary hearing and subsequently denied Appellant’s motion without
making specific findings of fact and conclusions of law.
When the voluntariness of a statement is challenged, article 38.22, section 6, of the
Texas Code of Criminal Procedure requires the trial court to make written fact findings and
conclusions of law regarding whether the challenged statement was voluntarily made. Id.
Article 38.22, section 6, is mandatory in its language and requires a trial court to file
findings of fact and conclusions of law regardless whether the defendant requests such
findings and conclusions or objects to the absence thereof. Urias v. State, 155 S.W.3d
141, 142 (Tex.Crim.App. 2005); Wicker v. State, 740 S.W.2d 779, 783 (Tex.Crim.App.
1987). Because the trial court did not make the required findings and conclusions, we
abate this appeal for the trial court to enter findings of fact and conclusions of law
regarding the voluntariness of Appellant’s statements.
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The trial court is directed to consider and make such orders, findings of fact and
conclusions of law as it finds proper. Any orders, findings or conclusions shall be included
in a supplemental clerk’s record to be filed with the clerk of this Court on or before June
30, 2008. On the filing of a supplemental clerk’s record, the appellate record will be
complete.
If Appellant determines, after reviewing the trial court’s orders, findings, and
conclusions, that he should amend or supplement his brief, his amended or supplemental
brief will be due thirty days after the supplemental record is filed. Tex. R. App. P. 38.6(a).
If Appellant files an amended or supplemental brief, the State will have thirty days
thereafter to file a responsive brief.
Per Curiam
Do not publish.
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