William Roger Gagnon v. State of Texas

• Court: Court of Appeals of Texas
• Decided: July 28, 2011
• Docket: 11-10-00005-CR
• Status: Published

Opinion

Order filed July 28, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00005-CR

                           WILLIAM ROGER GAGNON, Appellant

                                                             V.

                                      STATE OF TEXAS, Appellee

                                   On Appeal from the 104th District Court

                                                            Taylor County, Texas

                                                    Trial Court Cause No. 16966B

                                                                     O R D E R

William Roger Gagnon asserts on appeal that his statement was not given voluntarily and that the trial court erred in denying his motion to suppress.  The trial court did not enter any findings of fact or conclusions of law with respect to the voluntariness of Gagnon’s statement.  When the voluntariness of a statement is challenged, the trial court is required to make written findings of fact and conclusions of law as to whether the statement was made voluntarily.  Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (Vernon 2005).  It is well-settled that the language of Article 38.22, section 6 is mandatory whether or not the defendant objects to the trial court’s failure to make such findings and conclusions.  Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004).  The appropriate remedy on appeal is for the appellate court to abate the appeal so that such findings and conclusions can be properly entered by the trial court.  Green v. State, 906 S.W.2d 937 (Tex. Crim. App. 1995); see Bonham v. State, 644 S.W.2d 5, 8 (Tex. Crim. App. 1983).  

Accordingly, we abate the appeal.  The trial court is directed to enter written findings of fact and conclusions of law regarding the voluntariness of the statement, and the trial court clerk is instructed to file in this court a supplemental clerk’s record containing such findings and conclusions on or before August 29, 2011. 

PER CURIAM

July 28, 2011

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Hill, J.[1]

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[1]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.