Opinion
NUMBER 13-15-00069-CR
01-26-2017
THE STATE OF TEXAS, Appellant, v. ROGER ANTHONY MARTINEZ, Appellee.
On appeal from the 24th District Court of Victoria County, Texas.
ORDER OF ABATEMENT
Before Justices Contreras, Benavides and Longoria
Order Per Curiam
Justice Dori Contreras, formerly Dori Contreras Garza. See TEX. FAM. CODE ANN. § 45.101 et seq. (West, Westlaw through 2015 R.S.).
Appellee, Roger Anthony Martinez, was charged by indictment with one count of possession of a controlled substance in a correctional facility, a third-degree felony, see TEX. PENAL CODE ANN. § 38.11(d)(1) (West, Westlaw through 2015 R.S.), and one count of possession of less than one gram of cocaine, a state jail felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West, Westlaw through 2015 R.S.). Martinez moved to suppress the drug evidence. The trial court granted the motion and we affirmed. State v. Martinez, No. 13-15-00069-CR, 2015 WL 5797604, at *6 (Tex. App.—Corpus Christi Oct. 1, 2015) (mem. op., not designated for publication). The Texas Court of Criminal Appeals subsequently vacated our judgment and remanded to this Court with instructions to "abate it to the trial court for supplemental findings of fact and conclusions of law consistent with this opinion." State v. Martinez, No. PD-1337-15, 2016 WL 7234085, at *8 (Tex. Crim. App. Dec. 14, 2016) (not designated for publication) (plurality op.).
Accordingly, we hereby ABATE the appeal and REMAND the cause to the trial court for supplemental findings of fact and conclusions of law consistent with the opinion of the Texas Court of Criminal Appeals. See id. The trial court shall make its findings and conclusions, as ordered herein, within THIRTY days from the date of this order. Furthermore, 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 SIXTY 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.
PER CURIAM Do not publish.
TEX. R. APP. P. 47.2(b). Order delivered and filed the 26th day of January, 2017.