Bass v. State

In Bass v. State, 626 S.W.2d 769 (Tex. Crim. App. 1982), the defendant was originally convicted of murder, but this conviction was reversed on appeal. Bass, 626 S.W.2d 769 at 770. On retrial, he was again convicted. Id. He complained on appeal that the trial judge in the second trial erred in allowing into evidence his confession without holding a hearing on the voluntariness of the confession. Id. When evidence on this issue has already been presented outside the presence of the jury, and the judge who heard the evidence has filed findings of fact and conclusions of law, the judge presiding at trial may reconsider that evidence and those findings and conclusions in determining the voluntariness of the confession, or he may order that a new hearing be held, in his discretion. If he chooses not to hold a new hearing, and neither the State nor the defendant has new evidence to present on the issue, he shall enter an order stating his findings and conclusions and file it among the papers of the cause. He shall also include among the papers of the cause the evidence previously submitted on the issue and the findings and conclusions of the judge who heard the evidence. Bass, 626 S.W.2d at 772