State v. Gabriel Serna Garcia

Abatement Order filed November 20, 2018
In The
Fourteenth Court of Appeals
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NO. 14-18-00888-CR
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THE STATE OF TEXAS, Appellant
V.
GABRIEL SERNA GARCIA, Appellee
On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Cause No. 17-DCR-079362
ABATEMENT ORDER
The State challenges the trial court’s order granting appellee’s motion to
suppress. Although the State requested findings of fact and conclusions of law,
none have been filed. When the losing party on a motion to suppress requests
findings of fact and conclusions of law, the trial court is required to make them.
State v. Cullen, 195 S.W.3d 696, 698–99 (Tex. Crim. App. 2006).
Accordingly, the trial court is directed to reduce to writing its findings of
fact and conclusions of law on the granting of appellee’s motion to suppress and
have a supplemental clerk’s record containing those findings filed with the clerk of
this court within thirty days of the date of this order.
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.
PER CURIAM