Rafael Alexander Avellaneda v. State

Court of Appeals of Texas

Rafael Alexander Avellaneda v. State

DecidedMay 10, 2016

Docket14-14-00509-CR

StatusPublished

This text of Rafael Alexander Avellaneda v. State (Rafael Alexander Avellaneda v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rafael Alexander Avellaneda v. State, (Tex. Ct. App. 2016).

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Opinion

Order filed May 10, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00509-CR ____________

RAFAEL ALEXANDER AVELLANEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 1389517

ORDER On August 18, 2015, this Court ordered the trial court to make written findings of fact and conclusions of law as to whether appellant’s statement was made voluntarily, as required by Article 38.22, section 6 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. art. 38.22 § 6. On September 17, 2015, a supplemental clerk’s record was filed in response to our order. The supplemental clerk’s record did not, however, contain findings of fact and conclusions of law signed by the trial court.

Accordingly, the trial court is directed to reduce to writing and sign its findings of fact and conclusions of law on the voluntariness of appellant’s statement, if they have not already been signed, and have a supplemental clerk’s record containing those signed findings of fact and conclusions of law filed with the clerk of this Court on or before June 1, 2016.

It is so ORDERED.

PER CURIAM

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Order filed May 10, 2016

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00509-CR ____________

RAFAEL ALEXANDER AVELLANEDA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court Harris County, Texas Trial Court Cause No. 1389517

ORDER On August 18, 2015, this Court ordered the trial court to make written findings of fact and conclusions of law as to whether appellant’s statement was made voluntarily, as required by Article 38.22, section 6 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. art. 38.22 § 6. On September 17, 2015, a supplemental clerk’s record was filed in response to our order. The supplemental clerk’s record did not, however, contain findings of fact and conclusions of law signed by the trial court.

Accordingly, the trial court is directed to reduce to writing and sign its findings of fact and conclusions of law on the voluntariness of appellant’s statement, if they have not already been signed, and have a supplemental clerk’s record containing those signed findings of fact and conclusions of law filed with the clerk of this Court on or before June 1, 2016.

It is so ORDERED.

PER CURIAM

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Rafael Alexander Avellaneda v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rafael-alexander-avellaneda-v-state-texapp-2016.