Court of Civil Appeals of Texas, 2018

Horace Joseph Randolph II v. State

Horace Joseph Randolph II v. State
Court of Civil Appeals of Texas · Decided November 15, 2018

Horace Joseph Randolph II v. State

Opinion

Abatement Order filed November 15, 2018

In The Fourteenth Court of Appeals ____________ NO. 14-18-00647-CR ____________ HORACE JOSEPH RANDOLPH II, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 458th District Court Fort Bend County, Texas Trial Court Cause No. 15-DCR-068193 ABATEMENT ORDER Appellant challenges the trial court’s order denying his motion to suppress.

Although appellant 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 denial of appellant’s motion to suppress and have a supplemental clerk’s record containing those findings filed with the clerk of this court on or before December 17, 2018. If the trial court’s findings were dictated into the record, the trial court is directed to include those findings in a supplemental clerk’s record to be filed with the clerk of this court on or before December 17, 2018.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.