Phill Raije Rian v. The State of Texas--Appeal from 26th District Court of Williamson County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-07-00599-CR Phill Raije Rian, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 06-1562-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING MEMORANDUM OPINION Appellant has filed a motion to abate this appeal for the trial court to (1) conduct a hearing on her motion for new trial; and (2) make findings of fact on the voluntariness of her statements to the police. Whether appellant was entitled to a hearing on her motion for new trial is an issue that she may raise on appeal and that, if raised, we will decide in light of the record as a whole and the arguments of counsel. The motion to abate for a hearing on the motion for new trial is overruled. The motion to abate for findings of fact is granted. The trial court shall make and file a written order stating its conclusion regarding the voluntariness of appellant s statements and the specific finding of facts upon which the conclusion was based. Tex. Code Crim. Proc. Ann. art. 38.22, § 6 (West 2005). A supplemental clerk s record containing this order shall be tendered for filing no later than thirty days from the date of this opinion. __________________________________________ W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Puryear and Pemberton Abated Filed: July 31, 2008 Do Not Publish 2

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