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Clair v. State

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Abatement and Remand

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Pending before us is a joint motion to abate the appeal and remand the matter back to the trial court so that findings of fact and conclusions of law can be filed. The record reflects that appellant, timely, filed a request for findings of fact and conclusions of law. However, none were ever filed. In State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006), the Court of Criminal Appeals held that, “[u]pon the request of the losing party on a motion to suppress evidence, the trial court shall state its essential findings.” In Cullen, the Court explained that, the trial court’s refusal to state its findings and conclusions prevented the court of appeals from a meaningful review of the decision to grant or deny the motion to suppress. Id. at 698.

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