TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00133-CR
The State of Texas, Appellant
v.
Samuel Martinez, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF COMAL COUNTY
NO. 2018CR1273, THE HONORABLE LINDA A. RODRIGUEZ, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
The State appeals from the trial court’s order granting Martinez’s motion to
suppress. After the State filed its notice of appeal and after the clerk’s record had been filed in
this Court, the State filed in the trial court a request for findings of fact and conclusions of law
explaining the trial court’s grounds for granting the motion to suppress. It subsequently filed in
this Court a motion to abate and remand the cause to the trial court for entry of findings of fact
and conclusions of law. The State also requests that we grant the trial court the ability to reopen
the evidence to allow consideration of additional evidence.
The Texas Court of Criminal Appeals has held that “upon the request of the losing
party on a motion to suppress evidence, the trial court shall state its essential findings,” which the
court defined as “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). When the trial court fails to make such
findings and conclusions, we are required to abate the appeal and remand the cause to the trial
court for entry of its “essential findings.” State v. Elias, 339 S.W.3d 667, 677 (Tex. Crim. App.
2011). Although a supplemental clerk’s record has been filed containing findings of fact and
conclusions of law signed by the trial court, the findings of fact and conclusions of law are not
dated and thus it is unclear when the trial court signed them and whether they were signed while
the trial court had jurisdiction over the cause. See Tex. R. App. P. 25.2(g); see also Green
v. State, 906 S.W.2d 937, 939-40 (Tex. Crim. App. 1995) (holding that trial court lost
jurisdiction to adjudicate case once trial record was filed with court of appeals and thus written
order setting forth findings of fact and law entered a year later was null and void).
Accordingly, we grant in part the State’s motion. We abate the appeal and
remand the cause to the trial court solely for entry of its findings of fact and conclusions of law
based on the previously admitted evidence. We deny the State’s request that we allow the trial
court to reopen the evidence. A supplemental clerk’s record containing the findings of fact and
conclusions of law shall be filed with this Court no later than June 21, 2019. This appeal will be
reinstated once the supplemental clerk’s record is filed.
It is so ordered May 22, 2019.
Before Chief Justice Rose, Justices Kelly and Smith
Abated and Remanded
Filed: May 22, 2019
Do Not Publish
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