Kieron Alexander v. State ( 2018 )


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  • Order entered September 20, 2018
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-17-00599-CR
    KIERON ALEXANDER, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 2
    Dallas County, Texas
    Trial Court Cause No. F-1575823-I
    ORDER
    Appellant challenges the voluntariness of his custodial confession, and his second issue
    on appeal is whether the trial court erred by admitting into evidence at trial a video recording of
    appellant’s statement. Section 6 of article 38.22 of the Texas Code of Criminal Procedure
    requires a trial judge to make written findings of fact and conclusions of law as to the
    voluntariness of a statement when voluntariness is challenged. TEX. CODE CRIM. PROC. ANN. art.
    38.22, § 6 (West Supp. 2017). The record before us does not contain the required findings of
    fact and conclusions of law.
    Accordingly, we ORDER the trial court to issue the required written findings of fact and
    conclusions of law no later than TWENTY DAYS from the date of this order. See Urias v.
    State, 
    155 S.W.3d 141
    , 142 (Tex. Crim. App. 2004). If necessary, the trial court may review the
    reporter’s record of the testimony upon which the original ruling was made to refresh its
    recollection of the reasons behind such ruling. See Wicker v. State, 
    740 S.W.2d 779
    , 784 (Tex.
    Crim. App. 1987).
    We ORDER Dallas County District Clerk Felicia Pitre to file a supplemental clerk’s
    record containing the trial court’s findings and conclusions no later than October 15, 2018.
    We ABATE the appeal to allow the trial court an opportunity to comply with this order.
    We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Nancy
    Kennedy, Presiding Judge of Criminal District Court No. 2, Ms. Pitre, and counsel for the
    parties.
    /s/     DOUGLAS S. LANG
    PRESIDING JUSTICE
    

Document Info

Docket Number: 05-17-00599-CR

Filed Date: 9/20/2018

Precedential Status: Precedential

Modified Date: 9/24/2018