Court of Civil Appeals of Texas, 2007

Terry Michael Dalton v. State

Terry Michael Dalton v. State
Court of Civil Appeals of Texas · Decided May 8, 2007

Terry Michael Dalton v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-06-00589-CR


Terry Michael Dalton, Appellant


v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. D-1-DC-05-201498, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDING


M E M O R A N D U M O P I N I O N


After overruling appellant's motion to suppress his oral statements to the police, the trial court did not make the required written findings of fact and conclusions of law. See Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005). Appellant has filed a motion to abate the appeal for these findings. See Green v. State, 906 S.W.2d 937, 939-40 (Tex. Crim. App. 1995). The motion is granted.

The appeal is abated. The district court shall prepare and file written findings of fact and conclusions of law conforming to the requirements of article 38.22, section 6. A supplemental clerk's record containing the court's findings and conclusions shall be filed no later than May 23, 2007.







__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Pemberton and Waldrop

Abated

Filed: May 8, 2007

Do Not Publish

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