Carol Denise Russell v. The State of Texas — Order

NUMBER 13-26-00225-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
CAROL DENISE RUSSELL, 	Appellant,
v.
THE STATE OF TEXAS, 	Appellee.
ON APPEAL FROM THE 25TH DISTRICT COURT
OF GONZALES COUNTY, TEXAS
ORDER OF ABATEMENT
Before Chief Justice Tijerina and Justices Cron and Fonseca
Order Per Curiam
This cause is before the Court on appellant’s motion to abate and remand to the
trial court for findings of facts and conclusions of law. Appellant also asks that we suspend
the briefing deadline while the case is abated. During trial, the trial court denied
appellant’s motion to suppress evidence from a warrantless search, and appellant asked

the trial court to issue findings of fact and conclusions of law. However, the appellate
record does not contain the trial court’s findings of fact and conclusions of law.
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, 699 (Tex. Crim. App. 2006). If the trial court fails to comply with this obligation, the
proper remedy is for the appellate court to abate the appeal and remand to the trial court
to make the necessary findings and conclusions. Id. at 700; see TEX. R. A PP . P. 44.4(b).
The Court, having considered the motion and the appellate record, is of the opinion
that the motion should be granted. Accordingly, this appeal is abated and the cause
remanded to the trial court. Upon remand, the trial court is instructed to make and file the
required findings of fact and conclusions of law. A supplemental clerk’s record containing
these findings of fact and conclusions of law shall be filed with the Clerk of this Court
within thirty days from the date of this order.
Finally, the briefing schedule is suspended during the abatement and will resume
upon reinstatement of the appeal. Because appellant’s brief was due by October 19,
2026, on our own motion, we will extend appellant’s deadline for filing her brief until
fourteen days after the appeal is reinstated. Having previously granted appellant two
thirty-day extensions to file her brief, any further request for an extension of time will be
disfavored by the Court.
PER CURIAM
Delivered and filed on the
16th day of October, 2026.