Opinion
NO. 09-20-00038-CR
07-22-2020
THE STATE OF TEXAS, Appellant v. RYAN LANIER VAWTER, Appellee
On Appeal from the County Court at Law Polk County, Texas
Trial Cause No. 2018-0523
ORDER
In this appeal, the State challenges the trial court's ruling on Appellee Ryan Lanier Vawter's motion to suppress. Although the appellate record includes the trial court's Findings of Fact and Conclusions of Law, the trial court did not make a finding on the credibility of the testimony of the witness at the suppression hearing and the officer testified that he smelled marijuana and alcohol and that was the reason he searched the vehicle.
In State v. Mendoza, 365 S.W.3d 666 (Tex. Crim. App. 2012), the Court of Criminal Appeals instructed that the trial court judge is best positioned to evaluate the credibility of witnesses at a suppression hearing and the appellate court should allow the trial court the opportunity to make a credibility finding when necessary to clarify the trial court's ruling. See id. Therefore, we abate this appeal for the trial court to enter additional findings of fact as to the credibility of the witness and testimony at the suppression hearing. See id.
Accordingly, it is ORDERED that the appeal is ABATED, and the case is REMANDED to the trial court for entry of findings of fact on the credibility of the witness and testimony at the suppression hearing from the officer when he testified that he smelled marijuana and alcohol and that was the reason he searched the vehicle. See Tex. R. App. P. 44.4. A supplemental clerk's record containing the trial court's additional findings of fact is due to be filed in this Court by August 7, 2020. See Tex. R. App. P. 34.5(c)(2). All appellate timetables are suspended pending filing of the supplemental clerk's record with this Court. The parties may address the trial court's additional findings of fact in supplemental letter briefing. The Appellant's supplemental briefing is due ten days after the supplemental clerk's record is filed. The Appellee's supplemental brief is due ten days after the Appellant files its supplemental letter brief. Requests for briefing extensions will be strongly disfavored.
ORDER ENTERED July 22, 2020.
PER CURIAM Before Kreger, Horton and Johnson, J.J.