Marquis Diamond v. State

Court of Appeals of Texas

Marquis Diamond v. State

DecidedDecember 9, 2014

Docket14-14-00244-CR

StatusPublished

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Bluebook

Marquis Diamond v. State, (Tex. Ct. App. 2014).

Pincite

Opinion

Motion Granted; Order filed December 4, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00244-CR ____________

MARQUIS DIAMOND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1371877

ORDER Appellant filed a motion to abate this appeal and direct the trial court to sign and file 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. 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). Accordingly, we grant the motion and issue the following order:

The trial court is directed to reduce to writing its findings of fact and conclusions of law on the voluntariness of appellant’s statement and have a supplemental clerk’s record containing those findings and conclusions filed with the clerk of this court on or before January 5, 2015.

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 also will consider an appropriate motion to reinstate the appeal filed by either party. Appellant’s brief shall be due 30 days after the appeal is reinstated.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and McCally.

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Motion Granted; Order filed December 4, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00244-CR ____________

MARQUIS DIAMOND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 1371877

ORDER Appellant filed a motion to abate this appeal and direct the trial court to sign and file 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. 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). Accordingly, we grant the motion and issue the following order:

The trial court is directed to reduce to writing its findings of fact and conclusions of law on the voluntariness of appellant’s statement and have a supplemental clerk’s record containing those findings and conclusions filed with the clerk of this court on or before January 5, 2015.

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 also will consider an appropriate motion to reinstate the appeal filed by either party. Appellant’s brief shall be due 30 days after the appeal is reinstated.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and McCally.

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Marquis Diamond v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marquis-diamond-v-state-texapp-2014.

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