State v. Desiree Renee Gomez ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
December 11, 2018
No. 04-18-00384-CR
The STATE of Texas,
Appellant
v.
Desiree Renee GOMEZ,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 542323
Honorable John Longoria, Judge Presiding
ORDER
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Luz Elena D. Chapa, Justice
This is a State’s appeal from an order granting a motion to suppress. After the trial
court signed the order granting the appellee’s motion, the State filed a written request for
findings of fact and conclusions of law, but none were made in writing by the trial court. In
its brief, the State notes that the trial court “dictated its findings at the conclusion of the
hearing.”
Although the trial court described and made comments about the evidence
introduced at the suppression hearing, and ultimately concluded the arresting officer lacked
probable cause to make an arrest, we conclude the trial court did not make sufficient, clear
findings of historical fact or witness credibility. See State v. Copeland, 501 S.W.3d 610,
613 (Tex. Crim. App. 2016) (explaining essential findings include those that are adequate,
complete, and cover every potentially dispositive issue). We therefore order that this
appeal is abated and the case is remanded to the trial court for the entry of written findings
of fact and conclusions of law. See generally State v. Saenz, 411 S.W.3d 488 (Tex. Crim.
App. 2013). We order that the findings of fact and conclusions of law be filed with this
court by December 31, 2018.
It is so ORDERED on December 11, 2018.
PER CURIAM
ATTESTED TO: _________________________
Keith E. Hottle
Clerk of Court