NO. 07-10-00032-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 5, 2010
ARSENIO PETTY, APPELLANT
v.
THE STATE OF TEXAS, APPELLEE
FROM THE 16TH DISTRICT COURT OF DENTON COUNTY;
NO. F-2009-0413-A; HONORABLE CARMEN RIVERA-WORLEY, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON MOTION TO ABATE AND REMAND
Pending before the court is Arsenio Petty’s motion to abate and remand the
appeal so that the trial court can enter findings pursuant to article 38.22 of the Texas
Code of Criminal Procedure. We grant the motion.
When a trial court fails 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 the appeal and remand the cause to permit it to comply with the statute.
See TEX. CODE CRIM. PROC. ANN. art. 38.22, § 6 (Vernon 2005). Because, in the
present case, the trial court overruled appellant's complaints about the voluntariness of
his statement, the requirements of article 38.22, section 6, of the Texas Code of
Criminal Procedure were triggered here. Id. Thus, abatement and remand is
necessary. Urias v. State, 155 S.W.3d 141, 142 (Tex.Crim.App. 2005) (noting the
mandatory nature of art. 38.22, § 6, and requiring a trial court to file findings of fact and
conclusions of law regardless of whether the defendant requested them or objected to
their absence); Wicker v. State, 740 S.W.2d 779, 783 (Tex.Crim.App. 1987) (holding the
same).
Accordingly, this appeal is abated and the cause is remanded to the trial court.
The trial court is directed to take all steps reasonably necessary to comply with article
38.22, section 6, of the Texas Code of Criminal Procedure, which steps include the
creation of pertinent findings of fact and conclusions of law addressing the voluntariness
of appellant's statements and its decision to reject the challenge posed by appellant.
The trial court is further ordered to undertake all steps reasonably necessary to ensure
that complete reporter's and clerk's records of this cause are developed and filed with
this Court. These records are to include the aforementioned findings of fact and
conclusions of law. Furthermore, each of the actions we direct the trial court to
undertake must be performed by June 4, 2010, unless that deadline is extended by this
Court. Further, the trial court is directed to ensure that both the complete clerk's and
reporter's records in this cause are filed with this Court by the same date.
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The cause is abated and remanded to the trial court for further proceedings in
accordance with this order.
Per Curiam
Do not publish.
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