Curtis Ell White v. State

Opinion

Continuing Abatement Order filed October 16, 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-13-00767-CR ____________

CURTIS ELL WHITE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 183rd District Court Harris County, Texas Trial Court Cause No. 1372505

CONTINUING ABATEMENT ORDER

On July 3, 2014, this court ordered the trial court to submit findings of fact and conclusions of law on the voluntariness of appellant’s statement. Article 38.22, section 6 of the Texas Code of Criminal Procedure requires the trial court to make written fact findings and conclusions of law as to whether a challenged statement was made voluntarily, even if appellant did not request them or object to their absence. Tex. Code Crim. Proc. Ann. art. 38.22 ' 6; Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004). The statute is mandatory and the proper procedure to correct the error is to abate the appeal and direct the trial court to make the required findings and conclusions. See Tex. R. App. P. 44.4; Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).

The court requested a supplemental clerk’s record containing those findings filed with the clerk of this court on or before August 4, 2014. To date, the court has not received the record or findings.

The appeal is abated, treated as a closed case, and removed from this court’s active docket. The appeal will be reinstated on this court’s active docket when the trial court’s findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party.

It is so ORDERED.

PER CURIAM