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Hutchison v. State

Court of Appeals of Texas, Sixth District, Texarkana

December 16, 2013

TIMOTHY HUTCHISON, Appellant
v.
THE STATE OF TEXAS, Appellee

On Appeal from the 188th District Court Gregg County, Texas Trial Court No. 41, 224-A

Before Morriss, C.J., Carter and Moseley, JJ.

ORDER

Timothy Hutchison appeals from his conviction of possession of a controlled substance with intent to deliver. Hutchison filed a pretrial motion seeking to suppress oral statements that he made to police. The motion was ultimately denied, but no findings of fact or conclusions of law were entered by the trial court.

Article 38.22, Section 6 of the Texas Code of Criminal Procedure states, in pertinent part,

In all cases where a question is raised as to the voluntariness of a statement of an accused, the court must make an independent finding in the absence of the jury as to whether the statement was made under voluntary conditions. If the statement has been found to have been voluntarily made and held admissible as a matter of law and fact by the court in a hearing in the absence of the jury, the court must enter an order stating its conclusion as to whether or not the statement was voluntarily made, along with the specific finding of facts upon which the conclusion was based, which order shall be filed among the papers of the cause.

Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West Supp. 2013).

Because the requirements of Article 38.22, Section 6 were not met in this case, we abate this appeal and remand it to the trial court. See Tex. R. App. P. 44.4. The trial court is instructed to enter an order stating its conclusion as to whether Hutchison's oral statements were voluntarily made and detailing the specific findings of fact upon which that conclusion was based. See Tex. Code Crim. Proc. Ann. art. 38.22, § 6.

The order shall be filed with this Court in the form of a supplemental clerk's record within twenty-one days of the date of this order.

The abatement will terminate and this Court's jurisdiction will resume upon the filing of the supplemental clerk's record.

All appellate timetables are hereby stayed and will resume upon our receipt of the ...


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