Melvin Pierre Jr. v. State

Opinion

Order entered September 15, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00167-CR

MELVIN PIERRE JR., Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 199-80626-2014

ORDER

The Court has before it appellant’s September 14, 2015 motion to abate the appeal to

allow the trial court to enter written findings of fact related to the voluntariness of appellant’s custodial statement in accordance with article 38.22, section 6 of the Texas Code of Criminal Procedure. We GRANT the motion.

We ORDER the trial to prepare written findings of fact that state the basis for its ruling regarding the voluntariness of appellant’s statements. See TEX. CODE CRIM. P. ANN. art. 38.22, § 6 (West Supp. 2014); Vasquez v. State, 411 S.W.3d 918, 920 (Tex. Crim. App. 2013). We further ORDER the trial court to file, within THIRTY DAYS of the date of this order, a supplemental record containing the written findings of fact.

The Court will set appellant’s briefing deadline after it has received the supplemental record containing the written findings of fact.

We DIRECT the Clerk to send copies of this order to the Honorable John Roach, Jr., Presiding Judge, 296th Judicial District Court; Andrea Stroh Thompson, Collin County District Clerk; and to counsel for all parties.

We ABATE the appeal to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the supplemental record with the findings of fact is received.

/s/ LANA MYERS

JUSTICE