Michael David Fredrickson v. State ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00134-CR
MICHAEL DAVID FREDRICKSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 21st District Court
Burleson County, Texas
Trial Court No. 14,371
ORDER
Michael David Fredrickson was convicted of injury to a child and sentenced to 20
years in prison. TEX. PENAL CODE ANN. § 22.04 (West 2011). Fredrickson filed a motion
to suppress statements and a motion to suppress evidence. After a hearing on both, the
motion to suppress statements was denied in its entirety and the motion to suppress
evidence was denied in part. Fredrickson requested findings of fact and conclusions of
law from the trial court but none have been made a part of the record. A trial judge,
upon the request of the losing party, must make findings of fact and conclusions of law
adequate to provide an appellate court a basis for reviewing the ruling's correctness.
State v. Mendoza, 365 S.W.3d 666, 670 (Tex. Crim. App. 2012); State v. Cullen, 195 S.W.3d
696, 698-99 (Tex. Crim. App. 2006).
Accordingly, this appeal is abated to the trial court to make findings of fact and
conclusions of law regarding Fredrickson’s motion to suppress evidence and motion to
suppress statements, both heard and ruled on by the trial court on February 24, 2014.
The trial court’s findings of fact and conclusions of law must be prepared, signed, and
filed as a supplemental clerk’s record with this Court within 28 days from the date of
this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed December 11, 2014
Fredrickson v. State Page 2