Roberto Savedra v. State ( 2015 )

NUMBER 13-15-00089-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ROBERTO SAVEDRA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 24th District Court
of Jackson County, Texas.
ORDER ABATING APPEAL
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
We ABATE the appeal and REMAND the case to the trial court where the judge
of the 24th District Court of Jackson County is hereby ordered to conduct a hearing in
accordance with Texas Code of Criminal Procedure article 38.22, section 6, to
determine the voluntariness of any statement or confession made by appellant and
which was introduced into evidence at trial. The hearing shall be conducted within thirty
days of the issuance of this order, or the district court shall inform this Court within thirty
days of the issuance of this order of the hearing date. See TEX. CODE CRIM. PROC. ANN.
art. 38.22, § 6 (West, Westlaw through Ch. 46, 2015 R.S.); Douglas v. State, 900 S.W.2d
760, 762 (Tex. App.—Corpus Christi 1995, pet. ref’d) (recognizing that a trial court’s
failure to make specific factual findings regarding voluntariness of defendant’s
confession required abatement of defendant’s appeal and remand for evidentiary
hearing on voluntariness issue). It is further ordered that the judge of the 24th District
Court thereafter: (1) prepare written findings of fact and conclusions of law in compliance
with article 38.22, section 6 of the code of criminal procedure; (2) cause them to be
included in a supplemental clerk’s record, (3) cause the hearing to be transcribed and
included in a supplemental reporter’s record; (4) and forward the supplemental records
to the Clerk of this Court within thirty days of the hearing. See TEX. CODE CRIM. PROC.
ANN. art. 38.22, § 6.
Upon receipt of the supplemental record, this cause will be reinstated and
resubmitted for further consideration by the Court upon the original briefs filed by the
parties, unless prior permission for supplementation of the same is requested and
granted.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed the 1st
day of September, 2015.
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