John S. Young v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00080-CR
John S. Young, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. B-17-0081-SB, HONORABLE MARTIN “BROCK” JONES, JUDGE PRESIDING
ORDER AND MEMORANDUM OPINION
PER CURIAM
John S. Young was charged with two counts of forgery, one count of theft, and one
count of money laundering. See Tex. Penal Code §§ 31.03, 32.21, 34.02. During trial, Young
pleaded not guilty to all four charges. At the end of the trial, the jury found Young guilty of all four
charges. Following his convictions, Young filed a motion for new trial. After conducting a hearing
on the motion, the district court denied the motion. Young requested that the district court issue
findings of fact and conclusions of law supporting its ruling. The clerk’s record in this case contains
extensive findings of fact and conclusions of law that the district court appears to have issued, but
the findings and conclusions included in the record are not signed by the district court.
Based on the record before this Court, we abate this case to allow the district court
the opportunity to submit signed findings of fact and conclusions of law pertaining to its ruling on
the motion for new trial. Accordingly, the district court is instructed to prepare a supplemental
clerk’s record containing signed findings of fact and conclusions of law. Alternatively, if the district
court did not intend to prepare and sign findings and conclusions in this case, it shall inform this
Court of that decision by having the district court’s clerk’s office prepare a status report to that
effect. Accordingly, a supplemental clerk’s record containing signed findings of fact and
conclusions of law or a status report must be filed with this Court by May 24, 2019. See Tex. R.
App. P. 34.5(c) (stating that if appellate court “orders the trial court to prepare and file findings of
fact and conclusions of law as required by law, . . . the trial court clerk must prepare, certify, and file
in the appellate court a supplemental clerk’s record containing those findings and conclusions”).
It is ordered on May 13, 2019.
Before Justices Goodwin, Baker, and Triana
Abated and Remanded
Filed: May 13, 2019
Do Not Publish
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