Roy Castaneda Rodriguez v. State

IN THE
TENTH COURT OF APPEALS
No. 10-18-00179-CR
ROY CASTANEDA RODRIGUEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court No. 16-03800-CRF-272
ABATEMENT ORDER
Roy Rodriguez is appealing from his conviction for knowingly possessing, with
intent to deliver, a controlled substance, namely, methamphetamine, in an amount of four
grams or more but less than two hundred grams. See TEX. HEALTH & SAFETY CODE ANN.
§ 481.112(a), (d) (West 2017). During the trial of this case, Rodriguez filed a motion to
suppress evidence. The trial court denied the motion after a hearing. Rodriguez then
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). The State has also filed an
“Agreed Motion to Abate Briefing Schedule” in this appeal. The State requests that we
abate this appeal to the trial court for 20 days after the reporter’s record is filed, which
occurred on July 17, 2018, so that the State may submit proposed findings of fact and
conclusions of law to the trial court.
The “Agreed Motion to Abate Briefing Schedule” is granted. This appeal is abated
to the trial court to make findings of fact and conclusions of law regarding Rodriguez’s
motion to suppress evidence. 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 21 days from the date of this Abatement Order. The appellant’s brief will then be
due 30 days from the date that this appeal is reinstated.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal abated
Order issued and filed July 25, 2018
Rodriguez v. State Page 2