Reginald Tyrrell Price v. State ( 2011 )

Motion Granted; Abatement Order filed December 15, 2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00122-CR
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REGINALD TYRRELL PRICE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 263rd District Court
Harris County, Texas
Trial Court Cause No. 1268303
ABATEMENT ORDER
The trial court failed to submit findings of fact and conclusions of law on the
voluntariness of appellant’s statement. Article 38.22, section 6 of the Texas Code of
Criminal Procedure requires the trial court to make written fact findings and conclusions of
law as to whether a challenged statement was made voluntarily, even if appellant did not
request them or object to their absence. Tex. Code Crim. Proc. Ann. art. 38.22 ' 6
(Vernon 2005); Urias v. State, 155 S.W.3d 141, 142 (Tex. Crim. App. 2004). The statute
is mandatory and the proper procedure to correct the error is to abate the appeal and direct
the trial court to make the required findings and conclusions. See Tex. R. App. P. 44.4;
Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987). The State filed a motion to
abate, which is granted.
Accordingly, the trial court is directed to reduce to writing its findings of fact and
conclusions of law on the voluntariness of appellant’s statement and have a supplemental
clerk’s record containing those findings filed with the clerk of this Court on or before
January 5, 2012.
The appeal is abated, treated as a closed case, and removed from this Court’s active
docket. The appeal will be reinstated on this Court’s active docket when the trial court’s
findings and recommendations are filed in this Court. The Court will also consider an
appropriate motion to reinstate the appeal filed by either party.
It is so ORDERED.
PER CURIAM
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