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Date: 09-13-2018

Case Style:

The State of Texas v. Jeffrey Don Grays

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Case Number: 03-18-00531-CR

Judge: PER CURIAM

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Plaintiff's Attorney: The Honorable Stacey M. Soule
Mr. Joshua D. Presley
The Honorable Jennifer A. Tharp
Ms. Jacqueline Doyer

Defendant's Attorney: Ms. Deborah Linnartz Wigington

Description: A trial court must state its essential findings upon the request of the losing party
on a motion to suppress. State of Tex. v. Saenz, 411 S.W.3d 488, 495 (Tex. Crim. App. 2013).
“Essential findings” are the “findings of fact and conclusions of law adequate to provide an appellate
court with a basis upon which to review the trial court’s application of the law to the facts.” Id.
When, as here, a trial court is required to make findings of fact but has lost jurisdiction to do so, the
trial court’s authority to take action may be revived by abatement. Green v. State, 906 S.W.2d 937,
940 n. 4 (Tex. Crim. App. 1995); see Tex. R. App. P. 25.2(g) (stating that, unless otherwise provided
by law or appellate rules, further proceedings in trial court are suspended once record has been filed
in appellate court).

Outcome: Accordingly, we abate the appeal and remand this cause to the trial court for its entry of findings of fact and conclusions of law. A supplemental clerk’s record containing the findings of fact and conclusions of law shall be filed with this Court no later than October 1, 2018. The appeal will be reinstated once the supplemental clerk’s record is filed.

Plaintiff's Experts:

Defendant's Experts:

Comments:



 
 
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