State v. Christopher Glen Adams ( 2014 )

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00048-CR The STATE of Texas, Appellant v. Christopher Glen ADAMS, Appellee From the County Court at Law, Kerr County, Texas Trial Court No. CR120324 Honorable Spencer W. Brown, Judge Presiding BEFORE CHIEF JUSTICE STONE, JUSTICE BARNARD, AND JUSTICE ALVAREZ In accordance with this court’s opinion of this date, this matter is ABATED and REMANDED to the trial court. See TEX. R. APP. P. 44.4. This court’s Corrected Order, dated November 4, 2013, and the submission date set therein, is hereby WITHDRAWN. We further direct the Honorable Spencer W. Brown, judge of the County Court at Law, Kerr County, Texas, to execute more specific findings of fact and conclusions of law, consistent with this opinion, as required by Cullen and Elias. Specifically, the trial court must make “findings of fact with greater specificity,” and any related conclusions of law, as to the following: (1) the impact of the injuries sustained by Mr. Rice and the blood on his face and whether any such injuries supported Trooper Salaz’s probable cause to arrest Adams for driving while intoxicated; (2) the extent of Trooper Salaz’s conversation with Adams, prior to Adams being transported back to the scene of the accident, wherein Adams admitted he was the driver of the vehicle and that he had been drinking, and whether such conversation supported a custodial arrest or an investigatory detention; and (3) whether Trooper Salaz’s transporting Adams from the accident scene to the fire station was part of an investigatory detention, what transpired at the fire station, what factors were utilized in Trooper Salaz’s decision to arrest 04-13-00048-CR Adams for driving while intoxicated, and whether such information amounted to probable cause to arrest Adams for driving while intoxicated. We also direct the trial court to file its findings and conclusions with the clerk of this court, via a supplemental clerk’s record, on or before July 25, 2014. Upon filing of the supplemental clerk’s record containing the findings and conclusions, the appeal will be reinstated and a new submission date will be set. SIGNED June 25, 2014. _____________________________ Patricia O. Alvarez, Justice -2-