State v. Juanita Jernigan

Opinion

Order entered March 23, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-00199-CR

THE STATE OF TEXAS, Appellant V.

JUANITA JERNIGAN, Appellee

On Appeal from the County Criminal Court of Appeals No. 2 Dallas County, Texas

Trial Court Cause No. MB18-54318-M

ORDER

Before the Court is the State’s March 10, 2020 motion to abate the appeal for findings of fact and conclusions of law. The motion asserts, and the clerk’s record on file at the Court confirms, that the State filed a February 14, 2020 request for findings of fact and conclusions of law after the trial court granted Juanita Jernigan’s motion to suppress. We GRANT the State’s March 10, 2020 motion.

We ORDER the Honorable Pamela Luther, Presiding Judge, County Criminal Court of Appeals No. 2, Dallas County, to issue, on or before APRIL 20, 2020, findings of fact and conclusions of law. See State v. Elias, 339 S.W.3d 667, 674 (Tex. Crim. App. 2011); State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If necessary, the judge may review the reporter’s record of the testimony upon which the original ruling was made to refresh her recollection of the reasons behind such ruling. See Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).

We ORDER Dallas County Clerk John Warren to file a supplemental clerk’s record containing the trial court’s findings and conclusions on or before APRIL 23, 2020.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Pamela Luther, Presiding Judge, County Criminal Court of Appeals No. 2, Dallas County; Dallas County Clerk John Warren; and counsel for the parties.

We ABATE the appeal to allow the trial court an opportunity to comply with this order. It shall be reinstated when the supplemental clerk’s record is filed or when the Court deems it appropriate to do so.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE