State v. Benny Perez ( 2018 )

NUMBER 13-18-00359-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
THE STATE OF TEXAS, Appellant,
v.
BENNY PEREZ, Appellee.
____________________________________________________________
On appeal from the County Court at Law No. 2
of Nueces County, Texas.
____________________________________________________________
ORDER ABATING APPEAL
Before Chief Justices Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Prior to trial, appellee Benny Perez filed a motion to suppress raising the issue of
the legality of the detention and arrest. A hearing was held on the motion to suppress on
June 14, 2018, and the trial court granted the motion to suppress on June 27, 2018. The
State requested findings of fact and conclusions of law on June 29, 2018. The trial court
has not made its findings of fact and conclusions of law in support of its decision to grant
the appellee’s motion to suppress.
Upon the request of the losing party on a motion to suppress evidence, the trial
court must make findings of fact and conclusions of law adequate to provide an appellate
court with a basis up which to review the trial court’s application of the law to the facts.
State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If the trial court does not
enter the findings of fact and conclusions of law within twenty days from its ruling on the
motion to suppress, 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;
Cullen, 195 S.W.3d at 698-700.
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 appellant’s
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 findings of fact and
conclusions of law consistent with the holding in Cullen. 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.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed the
29th day of August, 2018.
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