Opinion
13-23-00070-CR
04-20-2023
THE STATE OF TEXAS, Appellant, v. MICHAEL ANTHONY VARGAS, Appellee.
Do not publish. TEX. R. APP. P. 47.2(b).
On appeal from County Court at Law No. 5 of Cameron County, Texas.
Before Justices Benavides, Longoria, and Tijerina
ORDER OF ABATEMENT
PER CURIAM
This cause is before the Court on the state's motion to remand to the trial court for findings of facts and conclusions of law. On February 1, 2023, appellant orally requested findings of fact and conclusions of law on the motion to suppress at issue in this appeal, and, on February 21, 2023, filed the State's Proposed Findings of Fact and Conclusions of Law. However, the record does not contain the trial court's findings of fact and conclusions of law.
Article 38.22, section 6, of the code of criminal procedure requires a trial court to make findings of fact and conclusions of law as to whether a challenged statement was made voluntarily. Urias v. State, 155 S.W.3d 141 (Tex. Crim. App. 2004).This requirement is mandatory whether or not a defendant objects to the absence of the findings. Id.; Wiker v. State, 740 S.W.2d 779, 783 (Tex. Crim. App. 1987). Accordingly, the intermediate appellate court must exercise its authority under Texas Rule of Appellate Procedure 44.4, and remand the case to the trial court and order the trial court to enter findings of fact and conclusions of law. Tex. R. App. Proc. 44.4.
The Court, having considered the documents on file and the state's motion, is of the opinion that the motion should be granted. Accordingly, we grant the motion to abate the present appeal. See Tex. R. App. P. 44.4. Accordingly, this appeal is abated and the cause remanded to the trial court.
Upon remand, the trial court is instructed to make and file the required findings of fact and conclusions of law. The trial court should also clarify its ruling on the motion to suppress. A supplemental record containing these findings of fact and conclusions of law should be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.