Terri Leann Jones Dronet v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-11-00444-CR
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TERRI LEANN DRONET, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 75th District Court
Liberty County, Texas
Trial Cause No. CR26673
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ORDER
In this appeal Terri Leann Dronet has challenged the voluntariness of her
confession. On submission of the appeal, it became apparent that the judge who
heard the motion to suppress did not make findings of fact and conclusions of law.
See Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005). The judge who heard
the motion to suppress subsequently died. On February 28, 2013, we abated the
appeal and remanded the case to the trial court for further proceedings relating to a
determination of the voluntariness of the appellant’s confession. See Tex. R. App.
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P. 44.4. Our Order of February 28, 2013 authorized the trial court to conduct a
new suppression hearing at the appellant’s request, but evidently the trial court was
not aware that the appellant desired to have the trial court conduct a new
suppression hearing when the trial court made written findings based on the record
of the previous hearing. The appellant has requested a new hearing before the new
judge. See Garcia v. State, 15 S.W.3d 533, 535-37 (Tex. Crim. App. 2000).
It is, therefore ORDERED that the appeal is abated and the case is remanded
to the trial court for a new suppression hearing. The trial court shall make findings
of fact and conclusions of law. See Tex. Code. Crim. Proc. Ann. art. 38.22, § 6. A
supplemental clerk’s record, containing the trial court’s findings of fact and
conclusions of law, together with a supplemental reporter’s record of the hearing
conducted by the trial court, shall be filed with the Court of Appeals by June 10,
2013. The appeal will be reinstated without further order of the Court when the
supplemental record is filed.
The appellant may address the trial court’s findings in a supplemental brief,
which must be filed within thirty days after the supplemental record is filed. If the
appellant files a supplemental brief, the State may file a supplemental brief in
response, due thirty days after the appellant files her supplemental brief.
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ORDER ENTERED May 2, 2013.
PER CURIAM
Before Gaultney, Kreger, and Horton, JJ.
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