State v. Juanita Jernigan

Order entered August 26, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00199-CR
THE STATE OF TEXAS, Appellant
V.
JUANITA JERNIGAN, Appellee
On Appeal from the County Criminal Court of Appeals No. 2
Dallas County, Texas
Trial Court Cause No. MB18-54318-M
ORDER
On March 23, 2020, we abated this appeal for findings of fact and
conclusions of law which were filed on August 5, 2020. Now before the Court is
the State’s August 11, 2020 motion to abate the appeal for further findings of fact.
Although we held the motion for ten days, appellee did not file a response. The
State seeks three additional findings, specifically whether:
(1) Dallas Fire Rescue (DFR) identified appellee to Officer James
Peeler, the arresting officer in the case, as the driver that
caused the accident;
(2) Officer Peeler and his partner identified a tablet found in
appellee’s car as Tramadol; and
(3) Officer Peeler had “personal knowledge” about the appearance
and side effects of Tramadol because his wife had been
prescribed Tramadol after cancer.
We GRANT the State’s request in that we ORDER the Honorable Pamela
Luther, Presiding Judge, County Criminal Court of Appeals No. 2, Dallas County,
to file, on or before SEPTEMBER 16, 2020, findings of fact regarding the three
statements listed above or written notification to the Court that no further findings
will be made. See State v. Elias, 339 S.W.3d 667, 674 (Tex. Crim. App. 2011);
State v. Cullen, 195 S.W.3d 696, 699 (Tex. Crim. App. 2006). If necessary, the
judge may review the reporter’s record of the testimony upon which the original
ruling was made to refresh her recollection of the reasons behind such ruling. See
Wicker v. State, 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).
We ORDER Dallas County Clerk John Warren to file a supplemental
clerk’s record containing the trial court’s findings and conclusions on or before
SEPTEMBER 23, 2020. We DIRECT the Clerk of this Court to send a copy of
this order to the Honorable Pamela Luther, Presiding Judge, County Criminal
Court of Appeals No. 2, Dallas County; Dallas County Clerk John Warren; and
counsel for the parties.
We ABATE the appeal to allow the trial court an opportunity to comply
with this order. It shall be reinstated when the supplemental clerk’s record is filed,
the trial court files a notification no further findings will be made, or when the
Court deems it appropriate to do so.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE