Eladio Castro Najera v. State ( 2014 )


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  • Abatement Order filed December 30, 2014.
    In The
    Fourteenth Court of Appeals
    ____________
    NO. 14-14-00400-CR
    ____________
    ELADIO CASTRO NAJERA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 182nd District Court
    Harris County, Texas
    Trial Court Cause No. 1396108
    ABATEMENT ORDER
    The record in this appeal does not contain the trial court’s findings of fact
    and conclusions of law on the voluntariness of appellant’s statement. Article 38.22,
    section 6 of the Texas Code of Criminal Procedure requires the trial court to make
    written fact findings and conclusions of law as to whether a challenged statement
    was made voluntarily, even if appellant did not request them or object to their
    absence. Tex. Code Crim. Proc. art. 38.22 ' 6; Urias v. State, 
    155 S.W.3d 141
    , 142
    (Tex. Crim. App. 2004). The statute is mandatory and the proper procedure to
    correct the error is to abate the appeal and direct the trial court to make the
    required findings and conclusions. See Tex. R. App. P. 44.4; Wicker v. State, 
    740 S.W.2d 779
    , 784 (Tex. Crim. App. 1987).
    Accordingly, the trial court is directed to reduce to writing its findings of
    fact and conclusions of law on the voluntariness of appellant’s statement, if it has
    not already done so, and have a supplemental clerk’s record containing those
    findings filed with the clerk of this Court on or before January 30, 2015.
    The appeal is abated, treated as a closed case, and removed from this Court’s
    active docket. The appeal will be reinstated on this Court’s active docket when the
    trial court’s findings and recommendations are filed in this Court. The Court will
    also consider an appropriate motion to reinstate the appeal filed by either party.
    PER CURIAM
    

Document Info

Docket Number: 14-14-00400-CR

Filed Date: 12/30/2014

Precedential Status: Precedential

Modified Date: 12/31/2014