Bravito Gonzales v. State ( 2012 )

Order filed May 3, 2012

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00359-CR

                                                    __________

                                 BRAVITO GONZALES, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 104th District Court

                                                            Taylor County, Texas

                                                    Trial Court Cause No. 17461B

                                                                     O R D E R

Bravito Gonzales has filed in this court a motion requesting the supplementation of the appellate record, the entry of findings of fact and conclusions of law, and the abatement of appellant’s briefing due date.  The motion is granted, and the appeal is abated. 

Reporter’s Record

The record shows that appellant filed a motion to suppress evidence obtained as a result of his arrest.  Appellant asserts that a hearing on his motion to suppress was held on September 8, 2011, in the 104th District Court of Taylor County and that the reporter’s record from that hearing has not been included in the appellate record.  A review of the reporter’s record from the guilt/innocence phase of trial confirms appellant’s assertion that a hearing was held on his motion to suppress “in the other Court.”  The court reporter is instructed to prepare and file in this court on or before May 24, 2012, a supplemental reporter’s record from the hearing on appellant’s motion to suppress. 

Findings and Conclusions

Appellant also asserts that the trial court failed to enter findings of fact and conclusions of law with respect to his motion to suppress. In his motion to suppress, appellant sought to suppress evidence obtained as a result of his arrest and in violation of his rights, including statements he made to officers.  When the voluntariness of a statement is challenged, the trial court is required to make written findings of fact and conclusions of law as to whether the statement was made voluntarily.  Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005).  It is well settled that the language of Article 38.22, section 6 is mandatory whether or not the defendant objects to the trial court’s failure to make such findings and conclusions.  Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004).  The appropriate remedy on appeal is for the appellate court to abate the appeal so that such findings and conclusions can be properly entered by the trial court.  Green v. State, 906 S.W.2d 937 (Tex. Crim. App. 1995); see Bonham v. State, 644 S.W.2d 5, 8 (Tex. Crim. App. 1983).  Accordingly, we abate the appeal.  The trial court is directed to enter written findings of fact and conclusions of law regarding appellant’s motion to suppress, and the trial court clerk is instructed to file in this court a supplemental clerk’s record containing such findings and conclusions on or before May 24, 2012. 

Appellant’s motion for supplementation of reporter’s record, findings of fact and conclusions of law, and abatement of filing deadlines is granted.  This appeal is abated and will be reinstated upon the filing of the supplemental reporter’s record and the supplemental clerk’s record. 

PER CURIAM

May 3, 2012

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Kalenak, J.