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Click here for the full text of this decision FACTS:The Court of Criminal Appeals denied the state’s motion for rehearing regarding the CCA’s opinion remanding a case. DISSENT:Keller, P.J. “When this case was submitted to us on petition for discretionary review, the Court had three options: affirm the decision of the court of appeals, reverse the decision of the court of appeals while affirming the trial court’s judgment, or dismiss the State’s petition as improvidently granted. Instead, the Court chose a fourth option: reversing and remanding to the court of appeals to reconsider the voluntariness question after ensuring that the trial court has made findings of fact. The problem with this fourth option is that no one has ever requested findings of fact. Neither party asked for findings at trial. Neither party complained to the Court of appeals about the absence of findings. The Court of appeals reviewed the voluntariness issue without findings. And no one has complained about the absence of findings in a petition for discretionary review. . . . “In sum, we should not address the issue of the absence of findings because it was not raised at trial, was not raised on direct appeal, was not addressed by the court of appeals, and was not raised in this Court. It should be an exceedingly rare occurrence for this Court to address on discretionary review an issue that has not been raised at any level in the judicial system. In my opinion, this is not one of those occurrences.”

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