Order entered October 2, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00832-CR
ALONZO GRAYSON, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-81500-2012
ORDER
The issues asserted by appellant Alonzo Grayson, Jr. in this appeal include a complaint
respecting the trial court’s denial of a motion to suppress a May 16, 2012 non-custodial
statement made to police by appellant that appellant contends was involuntary. The appellate
record in this case shows the trial court ruled on the voluntariness of that statement, but did not
“enter an order stating its conclusion . . . along with the specific finding of facts upon which the
conclusion was based” as required by article 38.22, section 6, of the Texas Code of Criminal
Procedure. TEX. CODE CRIM. PROC. ANN. art. 38.22, § 6 (West Supp. 2013); see Vasquez v.
State, 411 S.W.3d 918, 920 (Tex. Crim. App. 2013) (concluding “written findings are required in
all cases concerning voluntariness,” even when “neither party requested written findings at any
level of the proceedings”); see also Oursbourn v. State, 259 S.W.3d 159, 171 (Tex. Crim. App.
2008) (section 6 of article 38.22 “applies to both an accused’s custodial and non-custodial
statements”).
On this Court’s own motion, we ORDER the trial court to (1) prepare a written order and
findings of fact in accordance with article 38.22, section 6, and (2) transmit a supplemental
record containing the order and findings of fact to this Court by November 3, 2014.
We ABATE this appeal to allow the trial court to comply with this order. The appeal
shall be reinstated without further order of this Court on November 3, 2014, or when the
supplemental record containing the order and findings of fact is received in this Court, whichever
is earlier.
/s/ DOUGLAS S. LANG
JUSTICE