Nathan Allen King v. State ( 2016 )

ACCEPTED
12-16-00195-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
9/30/2016 3:23:34 PM
Pam Estes
CLERK
IN THE COURT OFAPPEALS 12th JUDICIAL DISTRICT
THE STATE OF TEXAS § FILED IN
12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § No. 12-16-00195-CR
9/30/2016 3:23:34 PM
§ PAM ESTES
Clerk
NATHAN ALLEN KING §
Motion to Abate for Finding of Facts and Conclusions of Law
When a trial court fails to make findings of fact and conclusions of
law in compliance with Article 38.22, § 6 of the Code of Criminal
Procedure, the Court of Criminal Appeals has held that it is proper for
the appellate court to abate the appeal and remand the cause to permit
compliance with the statute. See Tex. Code Crim. Proc. Ann. art. 38.22,
§ 6; Urias v. State, 155 S.W.3d 141, 142 (Tex.Crim.App.
2005)(remanding to court of appeals with instructions to require
compliance); Wicker v. State, 740 S.W.2d 779, 784 (Tex.Crim.App.
1987)(noting abatement is proper procedure).
In the present case, there were no such findings of fact and
conclusions of law created and “without adequate findings of fact [an
appellate court] is much handicapped in its review upon appeal of the
trial court’s ruling, because it lacks an adequate record of the basis for
that ruling. One purpose for requiring the trial court to enter an order
stating its findings . . . is to make the record reflect, for the parties and
for possible appellate review, the basis for the ruling” (internal
quotation marks omitted)) Hester v. State, 535 S.W.2d 354, 356
(Tex.Crim.App. 1976)
PRAYER FOR RELIEF
WHEREFORE, The State respectfully prays this Honorable Court
remanded this case to the lower court and order the trial court. The
trial court is directed to take the steps necessary to comply with article
38.22, § 6, of the Code of Criminal Procedure, including the creation of
pertinent findings of fact and conclusions of law adequate to provide the
Court with a basis on which to review the trial court’s application of the
law to the facts. The trial judge may review the reporter’s record to
refresh his recollection of the reasons for his rulings on the issue of
voluntariness. Wicker, 740 S.W.2d at 784. The trial court shall cause
the preparation of a supplemental clerk’s record containing its findings
and conclusions, together with any orders the court signs during
remand, and shall cause the supplemental clerk’s record, together with
a supplemental reporter’s record of any hearing held, to be filed with
this Court.
Respectfully submitted,
/s/ Jonathon Manning
Jonathon Manning
State Bar Number 24086255
Assistant Criminal District Attorney
Van Zandt County
400 S. Buffalo, Canton TX 75103
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document
was delivered upon the Attorney for Appellant, Nolan White, on
September 30, 2016. Service was completed through the electronic
filing manager, to nwatty@etcable.net.
/s/ Jonathon Manning
Jonathon Manning