the State of Texas v. Saul Lee Suarez

• Court: Court of Appeals of Texas
• Decided: January 11, 2023
• Docket: 10-22-00369-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00369-CR

THE STATE OF TEXAS, Appellant v.

SAUL LEE SUAREZ, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 17-05032-CRF-361

ABATEMENT ORDER

The State has filed a motion to abate this appeal so that the trial court can make

and enter findings of fact and conclusions of law regarding the granting of Saul Lee

Suarez’s motion to suppress before the State prepares and files its brief.

On November 13, 2022, the State filed in the trial court a request for findings of

fact and conclusions of law concerning the trial court’s November 9, 2022 order granting

Suarez’s motion to suppress. 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). When required findings have not

been made, we must abate the appeal so that they can be made. Blocker v. State, 231

S.W.3d 595, 598 (Tex. App.—Waco 2007, order) (per curiam).

The State’s motion to abate is granted. The trial court shall, within 28 days of the

date of this Order, make and enter findings of fact and conclusions of law regarding the

granting of Suarez’s motion to suppress.

A supplemental clerk’s record containing the trial court’s findings of fact and

conclusions of law shall be filed with the Clerk of this Court within 35 days of the date of

this Order, upon which this appeal shall be reinstated.

The State’s brief is then due 20 days after the supplemental clerk’s record is filed.

PER CURIAM

Before Chief Justice Gray, Justice Johnson, and Justice Smith Order delivered and filed January 11, 2023 RWR

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