Christopher James Wade v. State

• Court: Court of Appeals of Texas
• Decided: February 2, 2011
• Docket: 10-10-00366-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-10-00366-CR

Christopher James Wade,

                                                                                    Appellant

 v.

The State of Texas,

                                                                                    Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2010-926-C2

ABATEMENT ORDER

Appellant, who is appealing the trial court’s denial of his motion to suppress, filed a request in the trial court for it to enter findings of fact and conclusions of law and reiterated that request at the plea hearing.  See Cullen v. State, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006).  Appellant has now filed a motion to abate this appeal, requesting abatement so that the trial court can make and enter findings of fact and conclusions of law.

Appellant’s motion to abate is granted.  This appeal is abated so that the trial court can make and enter findings of fact and conclusions of law on Appellant’s motion to suppress within twenty-one days of the date of this order.

Within thirty-five days of the date of this order, the trial court clerk shall: (1) prepare a supplemental clerk’s record containing all orders and findings of fact and conclusions of law that the trial court has rendered or made on Appellant’s motion to suppress; and (2) file the supplemental clerk’s record with the Clerk of this Court, upon which this appeal shall be reinstated.  Appellant’s brief will be due thirty days after the supplemental clerk’s record is filed.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Motion granted; appeal abated

Order issued and filed February 2, 2011

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