Dewayne Lee Waldrup v. the State of Texas ( 2022 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-21-00154-CR
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DEWAYNE LEE WALDRUP, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 20-10-12141-CR
__________________________________________________________________
ORDER
Appellant Dewayne Lee Waldrup filed a motion to abate the appeal and
remand the case for written findings of fact and conclusions of law. The State has
not filed an objection to an abatement. The trial court made some oral findings at the
conclusion of the hearing on the motion to suppress, but additional findings may
assist this Court in addressing the appeal. See State v. Cullen, 195 S.W.3d 696, 699
(Tex. Crim. App. 2006) (the trial court may state its essential findings on the record
at the conclusion of the hearing).
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Accordingly, it is ORDERED that the appeal is abated and the case is
remanded to the trial court for entry of findings of fact and conclusions of law on the
trial court’s essential findings on the issues raised in the hearing of appellant’s
motion to suppress. See Tex. R. App. P. 44.4. A supplemental clerk’s record
containing the trial court’s findings of fact and conclusions of law are due to be filed
in this Court by March 3, 2022. See Tex. R. App. P. 34.5(c)(2). All appellate
timetables are suspended pending filing of the supplemental clerk’s record with this
Court. The appeal will be reinstated without further order when the supplemental
clerk’s record is filed with the appellate court. The brief of the appellant is due thirty
days after the supplemental clerk’s record is filed. Requests for briefing extensions
will be strongly disfavored.
ORDER ENTERED February 1, 2022.
PER CURIAM
Before Kreger, Horton and Johnson, JJ.
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