Opinion
No. 04-16-00452-CR
07-22-2016
Jose Guadalupe AGUIRRE, Appellant v. The STATE of Texas, Appellee
From the 144th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR7206
Honorable Lorina I. Rummel, Judge Presiding
ORDER
The trial court imposed punishment in this case on May 24, 2016. Appellant timely filed his Request for Finding[s] of Fact and Conclusions of Law on May 24, 2016. See TEX. R. CIV. P. 296 (requiring request for findings of fact and conclusions of law to be filed "within twenty days after judgment is signed"); see also Melendez v. State, 467 S.W.3d 586, 591 (Tex. App.—San Antonio 2015, no pet.) (relying on Rule 296 to determine defendant's request for findings and conclusions to be timely). On June 2, 2016, appellant filed a Second Request for Finding[s] of Fact and Conclusions of Law. On June 6, 2016, the trial court signed an Order granting appellant's request, but the court did not enter any written findings of fact or conclusions of law.
"[U]pon the request of the losing party on a motion to suppress evidence, the trial court shall state its essential findings." State v. Elias, 339 S.W.3d 667, 674 (Tex. Crim. App. 2011) (quoting State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006)). "[E]ssential findings" mean "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." Id. (quoting Cullen, 195 S.W.3d at 699). Such findings must "cover [ ] every potentially dispositive issue that might reasonably be said to have arisen in the course of the suppression proceedings." Id. at 676.
We abate this appeal and remand it to the trial court. The trial court is ORDERED to file its findings of fact and conclusions of law with this court no later than August 5, 2016.
The reporter's record in this appeal remains due July 23, 2016. It is so ORDERED on July 22, 2016.
PER CURIAM ATTESTED TO: /s/_________
Keith E. Hottle
Clerk of Court
PER CURIAM ATTESTED TO: /s/ Keith E. Hottle
Keith E. Hottle
Clerk of Court Entered this 22, day of July, 2016. Vol___ Page___