STATE v. MONTIEL-CONTRERAS

No. 05-17-00478-CR.

THE STATE OF TEXAS, Appellant, v. CARLOS JOVANNY MONTIEL-CONTRERAS, Appellee.

Court of Appeals of Texas, Fifth District, Dallas.


Attorney(s) appearing for the Case

Greg Willis , Lisa Smith , for State of Texas, Appellant.

Edward Andrew Kalabus, Jr. , for Carlos Jovanny Montiel-Contreras, Appellee.


ORDER

LANA MYERS, Justice.

The State has moved to abate the appeal to allow the trial court to enter findings of fact and conclusions of law. The State asserts that it filed a motion requesting findings of fact and conclusions of law followed by proposed findings of fact and conclusions of law, after the trial court granted appellee's motion to suppress. Although the State filed its notice of appeal on May 4, 2017, our record does not contain the necessary findings of fact and conclusions of law. Accordingly, we GRANT the State's July 28, 2017 motion.

We ORDER the Honorable Lance Baxter, Presiding Judge, County Court at Law No. 6, Collin County, to issue, ON OR BEFORE SEPTEMBER 8, 2017, the required findings of fact and conclusions of law. See State v. Elias, 339 S.W.3d 667, 674 (Tex. Crim. App. 2011). If necessary, the judge may review the reporter's record of the testimony upon which the original ruling was made to refresh his recollection of the reasons behind such ruling. See Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).

We ORDER Collin County Clerk Stacey Kemp to file a supplemental clerk's record containing the trial court's findings and conclusions ON OR BEFORE SEPTEMBER 15, 2017.

We DIRECT the Clerk of this Court to send a copy of this order to the Honorable Lance Baxter, Ms. Kemp, 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 by September 15, 2017, whichever is earlier.


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