### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 22
- 00742
- CR

The State of Texas, Appellant

v. Brandon James Cielencki, Appellee

FROM THE 433RD DISTRICT COURT OF COMAL COUNTY, NO. CR2017-097, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM The State moves to abate and remand th is cause to the trial court a second time for entry of findings of fact and conclusions of law. The State has appealed from the trial court ’ s November 1 8, 2022 order granting Brandon James Ciel en cki ’s motion to suppress. After filing a notice of appeal in this Court , the State filed in the trial court on November 21, 2022 , a request for findings of fact and conclusions of law

. The clerk ’s record was fi l ed in this Cou rt on December 1, 2022, and th e reporter ’ s record was filed December 15, 2022. The State moved to abate th is appeal and remand the cause for filing of findings and conclusions because the filing of the appellate record deprived the tr i al cou rt of jurisdiction

. See Tex. R. App. P. 25.2(g) (“ Once the record has been filed in the appellate court, all further proceedings in the trial court

— except as provided otherwise by law or by these rules

— will be suspended un til the trial court receiv es the appellate

- court mandate

. ”). By order dated January 6,2 2023, this Court granted the motion , abated the appeal , and remanded the cause to the trial court to make f indings of fact and conclusions of law. On J anuary 11, 2023, t he trial court clerk fil ed a

su pplemental clerk ’ s record conta ining findings of fact and conclusion s of law signed on December 22, 202 2

. The State filed a second motion to abate and remand in which it contend s correctly that , because the trial court signed the f indings and co nclu sio ns a fter the original appellate record was filed and before this Court abated this appeal , the findings and conclusions

were null and void. See Green v. State , 906 S. W. 2d 937, 939 (Tex. Crim. App. 1995) (fil ing of appellate r ecord deprives trial court of juri sd ict ion ) ; s ee also Berry v. State , 995 S

. W .2d 699, 7 01 (Tex. Crim. App. 1999 ) (fin ding s and conclusions made by tr ial court after appellate record filed

are null and void)

. T he State requests another re mand for the trial court to make findings and conclu si ons while it has jurisdiction , plus time for the parties to object to the findings, and for the court to make an y additional findings and conclusions it deems appropriate. We grant the motion

. T he tria l court shall sign findings of fact and conclusions of la w on or before February 10 , 2023. Consis tent with the rules of civil procedure, the parties shall fil e any objections to the findings and conclusions within ten days after the date the trial court

m akes its findings and conclusions , and the trial cou rt sh all file an y a mended or additional f indings and conclusions within ten days after any o bjections and additional requests are filed

. See Tex. R. Civ. P. 298 ; see also State v. Cullen , 195 S.W.3d 696, 699 (Tex. Crim. App. 2006) (using rules of civil pr o cedure to guide timetables rega rding find ings and conclusions)

. T he trial court wil l r etain plenary p ower o ver this cause until t he time to file a mended or ad dit iona l finding s or conclusions in response to the parties ’ objections and reques ts passes
.3 T o avoid confusion over plenary power, t h is Court requests that the trial court’s clerk not file a supplemental record until the date for the trial court to file any amended or additional findings and conclusions has passed , which we calculate will be March 3 , 2023. T he trial court ’ s clerk shall file the record no later than Ma rch 13, 2023 , absent further order of this Court

. O rder ed Janu ary 31 , 2023

.

Before Chi ef Ju stice Byrne, Justices Triana and Theofanis Abated and Remanded
D o Not Publish