NUMBER 13-17-00433-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
VICTOR SUAREZ, APPELLANT,
v.
THE STATE OF TEXAS, APPELLEE.
On appeal from the County Court at Law No. 2
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam
This cause is before the Court on the appellant’s unopposed motion to abate
for findings of fact and conclusions of law. Appellant has filed a notice of appeal from
his conviction for driving while intoxicated. On March 25, 2017, the trial court issued
an order denying a motion to suppress. The trial court has not made findings of fact
and conclusions of law in support of its decision to deny appellant’s motion to suppress.
Appellant’s motion requests that this Court abate the appeal to the trial court for
findings of fact and conclusions of law regarding to the motion to suppress. The State
does not oppose this motion.
The Texas Court of Criminal Appeals has held that suppression findings and
conclusions are mandatory even when “neither party requested written findings at any
level of the proceedings, and the issue was not considered by the lower court.”
Vasquez v. State, 411 S.W.3d 918, 920 (Tex. Crim. App. 2013). Accordingly, we
GRANT appellant’s unopposed motion to abate for findings of fact and conclusions of
law. This cause is REMANDED to the trial court with instructions to make and file
findings of fact and conclusions of law. The trial court shall cause a supplemental
clerk’s record containing the findings and conclusions to be filed with the Clerk of this
Court within thirty days from the date of this order. The appeal will be reinstated upon
receipt of the supplemental clerk’s record and upon further order of this Court.
It is so ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the
13th day of December, 2017.
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