Robert Len White v. State ( 2017 )


Menu:
  •                              Fourth Court of Appeals
    San Antonio, Texas
    November 17, 2017
    No. 04-17-00302-CR
    Robert Len WHITE,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 290th Judicial District Court, Bexar County, Texas
    Trial Court No. 2015CR10291
    Honorable Melisa Skinner, Judge Presiding
    ORDER
    After we granted Appellant’s first motion for extension of time to file the brief,
    Appellant’s brief was due on November 13, 2017. On the due date, Appellant filed a document
    titled “Appellant’s Brief” that is presented in the form specified for an appellate brief, see TEX.
    R. APP. P. 38.1, but the substance of the document is not an appellate brief; it does not seek relief
    from the trial court’s judgment. Instead, the document argues that the trial court failed to file
    written findings of fact on the voluntariness of Appellant’s statement. See TEX. CODE CRIM.
    PROC. art. 38.22 § 6 (West Supp. 2017). The document asks this court to abate the appeal for the
    trial court to file findings of fact and conclusions of law as required. See id. We construe
    Appellant’s document as a motion to abate this appeal for the trial court to file its findings of fact
    and conclusions of law.
    The appellate records shows the trial court held a hearing on Appellant’s motion to
    suppress his statement to Detective William Scoggins, and the trial court made oral findings of
    fact and conclusions of law—which are included in volume 1 of the reporter’s record filed in this
    appeal. The appellate record does not appear to contain written findings of fact and conclusions
    of law on the voluntariness of Appellant’s statement to Detective Scoggins.
    Appellant’s motion to abate this appeal is GRANTED. We ABATE this appeal and
    REMAND this cause to the trial court.
    We ORDER the trial court to file in this court written findings of fact and conclusions of
    law within THIRTY DAYS of the date of this order. See Vasquez v. State, 
    411 S.W.3d 918
    , 920
    (Tex. Crim. App. 2013) (“[T]he requirement for 38.22 findings applies whenever there is a
    challenge to a statement’s voluntariness.”); Wicker v. State, 
    740 S.W.2d 779
    , 784 (Tex. Crim.
    App. 1987) (“The proper procedure is that the appeal will be abated and the trial judge will be
    directed to reduce to writing his findings on the disputed issues surrounding the taking of
    appellant’s confession.”). “The trial judge may review the transcription of the testimony upon
    which his original ruling was made, if necessary, in order to refresh his recollection of the
    reasons behind such ruling.” Wicker, 
    740 S.W.2d at 784
    .
    Appellant’s brief will be due THIRTY DAYS after the trial court’s written findings of
    fact and conclusions of law are filed in this court. Any motion for extension of time to file
    Appellant’s brief will be strongly disfavored.
    All other appellate deadlines are SUSPENDED pending further order of this court.
    _________________________________
    Patricia O. Alvarez, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 17th day of November, 2017.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-17-00302-CR

Filed Date: 11/17/2017

Precedential Status: Precedential

Modified Date: 11/21/2017