### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00048- CR
The State of Texas, App ellant

v. Jess Lee G arcia, Appellee

F ROM TH E CO UNTY AT LAW NO . 6 O F TRAVIS CO UNTY NO. C-1 -CR- 12- 2211 24, H ONO RAB LE B RANDY M UELLER, JUDGE P RESIDING

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

The State of Texas appea ls the trial court’s order g ranting J ess L ee Gar cia’ s motion to suppress evidenc e in the underlying felony DWI prosec ution. As a preliminary matter, the State has filed a motion to abate this appea l for additional finding s of fac t from the trial court, arg uing that the trial court’s finding s are inadequate for our revie w of the court’s ap p l ication of the law to the fac ts in deter

mining that the arr esting office r lacke d rea sonable suspicion to detain Gar cia. The only 1 witness at the hear ing on Gar cia’ s motion to suppress was Serg eant Don Doy le of the Austin Police Depa rtment, and the crux of the motion was wheth er Serg eant Doyle had rea sonable suspicion to detain Gar cia based on information that a police dispatcher rec eived from a 9-1-1 caller and share d with Serg eant Doy

le.
The State has also filed a motion to extend time for filing its brief until two wee ks afte r the 1 rec ord is supplemented with the trial c ourt’s additional finding s. We gr ant the motion.The trial court is require d to make “ e s s e nti al finding s,” meaning , “finding s of fac t and

conclusions of law adequate to provide an ap p el late court with a basis upon which to revie w the trial court’s application of the law to the fac ts.” See State of Tex. v. Saenz , 411 S.W .3d 488, 495 (Tex. Crim. App. 2013). We must abate for additional finding s of fac t when a party has reque sted them but the trial court makes finding s that are so incomplet e t h at we are unable to make a leg al deter mination. Id
.

Her e, the trial court’s finding s are inadequa te reg arding the historical fac ts to be considere d when making the ultimate leg al deter mination of whether Serg eant Doyle had rea sonable suspicion to detain Gar cia. See id. at 495-96 (conc luding trial court’s finding s were inadequate as to historical facts that revie wing court was to consider when making ult imate l ega l d eter mination of whether appellee was in custody ). The finding s of fac t that the trial court issued do not a ddress the time of day or location of the detention, fac tors which the Texas Court of Criminal Appea ls has identified as rele vant in deter mining whether rea sonab l e s u spicion exis ts justify ing a detention for DWI
. See Foster v. State , 326 S.W .3d 609, 613 & n.10 (Tex. Crim. App. 2010) (conc luding that “time of day ” and “l o ca t i o n near a bar district wher e police had made numerous DWI arr ests”
wer e “re levant and appropr iate considerations wh en d o i ng a totality of the circ umstances revie w to deter mine whether or not rea sonable suspicion exis ts”). Nor do the finding s addre ss whether the 9-1-1 caller identified himself to the police dispatcher , wher e Serg eant Doy le was when he rec eived the notification from the dispatcher , or whether the trial court found Serg eant Doyle cre dible, which
are rele vant to our totality -of- the-c ir cu m s t an ces revie w and deter mination of the corr oboration
nece ssary for a law-e nforc ement office r to act on a citizen-informant’s repor t to a police dispatcher
.
2See, e.g. , State of Tex. v. Mendoza , 365 S.W .3d 666, 673 (Tex. Crim. App. 2012) (re manding for

trial court’ s additional fac t findings a s to testify ing of fice r’s c redibility). As such, we abate thi s ap p eal and rema nd this case to the trial court for entry of the essential finding s that wer e omitted. A supplemental cler k’s rec ord containing the additional finding s of fac t shall be filed with this Court no later than May 12, 2014. This appe al wi l l b e reinstated a fter the supplemental cle rk’s re cord is filed.

Be fore Chief J ustice Jones, J ustices Pemberton a nd Rose Abated Filed: Apr il 11, 2014 Do Not Publish

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