TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00773-CR

Jose Bernabe, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. D-1-DC-09-302548, HONORABLE JON N. WISSER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Jose Bernabe filed a motion to abate appeal and remand to the trial court for entry of written findings of fact and conclusions of law concerning the voluntariness of Bernabe’s statements. See Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005). During pretrial of the underlying case, Bernabe filed a motion to suppress evidence of his statements. The motion was overruled, the case proceeded to trial, and Bernabe appealed his conviction. The clerk’s record and the reporter’s record have been filed. However, the record does not contain the findings and conclusions required by article 38, section 6 of the Texas Code of Criminal Procedure. See id. We abate this appeal and remand this matter to the trial court for entry of the required findings of fact and conclusions of law. See Berry v. State, 995 S.W.2d 699, 701 (Tex. Crim. App. 1999). A supplemental clerk’s record containing the findings and conclusions shall be filed with this Court thirty days from the date of this opinion. This appeal will be reinstated after the supplemental clerk’s record is filed.

__________________________________________ Jeff Rose, Justice Before Justices Puryear, Pemberton and Rose Abated Filed: February 4, 2011 Do Not Publish