In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-13-00066-CR
JORDAN ALLEN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the County Court at Law No. 2
Lubbock County, Texas
Trial Court No. 2011-466,388, Honorable Drue Farmer, Presiding
May 14, 2013
ORDER OF ABATEMENT AND REMAND
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
Pending before the Court is appellant’s motion to abate this appeal and remand
the case so that the trial court may enter previously-requested findings of fact and
conclusions of law. We will grant the motion.
Appellant was charged by information with misdemeanor possession of
marijuana. He filed a motion to suppress evidence and a separately-filed motion under
Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978). The trial
court denied both motions after hearings, and appellant requested findings of fact and
conclusions of law supporting the rulings. Appellant plead guilty to the charged offense,
retaining a specified limited right of appeal. This appeal followed.
The record does not contain the findings of fact and conclusions of law appellant
requested. Appellant’s motion requests that we abate the appeal and remand the case
to the trial court for preparation of findings of fact and conclusions of law supporting the
orders denying his motion to suppress and his Franks motion. In its response to
appellant’s request, the State agrees appellant timely requested findings and
conclusions, and that no findings and conclusions have been entered.
[U]pon the request of the losing party on a motion to suppress evidence,
the trial court shall state its essential findings. By “essential findings,” we
mean that the trial court must make findings of fact and conclusions of law
adequate to provide an appellate court 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). Findings and conclusions
apparently were not made but we are able to direct the trial court to correct the
omission. Tex. R. App. P. 44.4(a),(b). In making the findings and conclusions, the trial
judge may review the reporter’s record to refresh her recollection of the reasons for her
rulings. Wicker v. State, 740 S.W.2d 779, 784 (Tex.Crim.App. 1987).
Accordingly, the appeal is abated and the case remanded to the trial court. The
trial court is directed to make findings of fact and conclusions of law applicable to its
orders denying appellant’s motion to suppress and his Franks motion. This order does
not pertain to the case of Megan Strickland-Powell, trial court cause number 2011-
466,386.
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The trial court shall cause the preparation of a supplemental clerk’s record
containing its findings and conclusions, together with any orders the court signs during
remand, and shall cause the supplemental clerk’s record, together with a supplemental
reporter’s record of any hearing held, to be filed with the Court by May 31, 2013. The
trial court may seek extension of that deadline from the Court if necessary.
It is so ordered.
Per Curiam
Do not publish.
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