Jeffery N. Rucks v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00056-CR

Jeffery N. Rucks, Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO. CR2012-297, HONORABLE GARY L. STEEL, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant has filed a motion asking us to abate the appeal so that the trial court may enter findings of fact and conclusions of law as requested by his attorney following the denial of his motion to suppress at a hearing held November 3, 2011. The State has filed a response stating that it does not oppose appellant’s motion to abate. We therefore abate the cause to the trial court for entry of findings of fact and conclusions of law sufficient for this Court to use to review the trial court’s application of the law to the facts. See State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). The trial court shall arrange for the filing of a supplemental clerk’s record containing the court’s findings and conclusions no later than September 20, 2013.

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David Puryear, Justice

Before Justices Puryear, Rose and Goodwin Abated Filed: August 8, 2013 Do Not Publish