Jimmie Mischelle Wells v. State of Texas

• Court: Court of Appeals of Texas
• Decided: September 8, 2011
• Docket: 11-10-00340-CR
• Status: Published

Opinion

Order filed September 8, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00340-CR

                          JIMMIE MISCHELLE WELLS, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 29th District Court

                                                         Palo Pinto County, Texas

                                                      Trial Court Cause No. 14231

                                                                     O R D E R

            The trial court denied Jimmie Mischelle Wells’s motion to suppress.  Appellant timely requested the trial court to enter findings of fact and conclusions of law relating to its ruling on the motion to suppress.  The trial court did not enter findings of fact and conclusions of law.  Appellant has requested that we abate this appeal and remand this cause to the trial court to allow it to make findings of fact and conclusions of law.  The State agrees that this is the proper remedy in this cause.  Based on the Court of Criminal Appeals’s opinion in State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006), this appeal must be abated so that the trial court may enter findings of fact and conclusions of law relating to its denial of appellant’s motion to suppress. 

            The clerk of the trial court is directed to forward to this court a supplemental clerk’s record containing the trial court’s findings of fact and conclusions of law.  The supplemental record is due to be filed in this court on or before October 17, 2011.  Upon receipt of the supplemental clerk’s record, the appeal will be reinstated.  Should appellant desire to supplement her brief to address the trial court’s findings and conclusions, appellant is directed to file such brief in this court within thirty days after the date that the supplemental clerk’s record is filed.  See Tex. R. App. P. 38.6, 38.7.

            The appeal is abated.

                                                                                                PER CURIAM

September 8, 2011

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.