Mark Eugene Engle v. State, 06-14-00239-CR

Mark Eugene Engle v. State

06-14-00239-CR

| Tex. Crim. App. | Mar 9, 2015

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*1 Case No. 06-14-00237-CR Mark Eugene Engle Appe 11ant RECEIVED The Court of Appeals SIAth District

6th Court of Appeals Texarkana Texas

MAR 8.9.2015

Monorable Justices, James Now Pro Se Appellant, Mark Eugene Engle, brings this motion in good faith and in the interest of justice. Motion to Abate the appeal back to trial court to enter findings of fact and conclusions of Law.

History Appellant pled guilty to an agreed punishment hearing and received a life sentence after the state abandons the enhancement paragraphs see (CR 1935) There were written plea admonishment given see (96-100 of CR) A timely notice of appeal was given see (CR 124) The judgement was handed down see (CR 117-120) The trial courts certification of defendants right to appeal was given see (CR 116) Trial attorney filed a motion to suppress see (CR 41-44) The judge denied the motion to suppress see (CR 194) and see (CR 1990)

*2 When this Homorable Court looks at volume I of I there are only 139 pages and the record doesn't show that a Findings of Fact and (ondusions of Law was entered in the record in regards to the Motion to Suppress that was filled and Denied. Appellant brings this timely request for findings of fact and (onclusions of Law) in a timely manner he cites the case Gesing V Moffitt 882 Sni2d 7931 (Tex App-Amarillo 1994 No Mrit) Litigants are entitled to Findings of Fact only on the merits of the case" Also see The Rules TECP 296-299a, 306 c) Trap 26:1 (a) (4) The plea agreement is a nonjury case and the findings of Fact should be requested see Quantel Bus V Listom Controls Co. Tel&;Nl2d 302,304 (Tex 1988) Appellant requests this Honorable Court to use its paper under (TRAP 2) to suspend the rules to abate the appeal back to the trial court to enter a findings of fact and Conclusions of Law in the record. The record will be silent to this issue on appeal. This court has jurisdiction to use its power under The Texas Constitution Art. 5 &; 19.

Certificate of Service

On this day, March 6th, 2015, said motion to Abate the Appeal to the Irpal court to enter a Findings of Fact and Conclusions of Law to the 6th Court of Appeals by U.S. postal Service from the Connally Unit, 899 FM 632, Kenedy, Texas 78119.