Berry v. State
In Berry v. State, 995 S.W.2d 699 (Tex. Crim. App. 1999), the trial court, at the request of the state, made supplemental "Findings of Fact and Conclusions of Law" about two months after the court of appeals received the official record.
Over appellant's objection, the court of appeals considered the supplement, which consisted of recollections by the trial court of off-the-record conversations with appellant.
The Court unanimously held that, unless a trial court has failed to make findings and conclusions that are required by law, supplemental findings and conclusions made after the trial record is received by the court of appeals are null and void and should not be considered by the court of appeals.
"The court of appeals should not have ordered or accepted the trial court's supplemental findings of fact and conclusions of law, but rather should have decided the case based on the record as originally presented." Id. at 702.