Jose Treto v. State

Opinion

Motion Granted; Order filed September 30, 2014

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00369-CR ____________

JOSE TRETO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from County Criminal Court at Law No. 1 Harris County, Texas Trial Court Cause No. 1894823

ORDER

Appellant challenges the trial court’s order denying his motion to suppress. Although appellant requested findings of fact and conclusions of law, none have been filed. Appellant has filed a motion requesting this appeal be abated for entry of findings of fact and conclusions of law. When the losing party on a motion to suppress requests findings of fact and conclusions of law, the trial court is required to make them. State v. Cullen, 195 S.W.3d 696, 698–99 (Tex. Crim. App. 2006). The motion is granted. Accordingly, the trial court is directed to reduce to writing its findings of fact and conclusions of law on the denial of appellant’s motion to suppress and have a supplemental clerk’s record containing those findings filed with the clerk of this Court within thirty days of the date of this order.

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.

PER CURIAM