Case Information
*1 IN THE COURT OF CRIMINAL APPEALS
OF TEXAS NO. AP-77,101 SOHAIB AL SHALWI, Appellant v.
THE STATE OF TEXAS
ON APPEAL FROM DENIAL OF BAIL rd CAUSE NO. 1700374 IN THE 183 DISTRICT COURT HARRIS COUNTY
Per curiam .
O P I N I O N
This is an appeal from an order denying bail under Article 1, § 11a, of the Texas Constitution. On December 1, 2020, Appellant was arrested and jailed for aggravated
robbery. On December 3, 2020, the trial court granted the State’s motion to deny bail pursuant to Article 1, Section 11a of the Texas Constitution. Appellant has appealed the trial court’s decision. See Tex.R.App.P. 31.1.
Article I, Section 11a mandates that “if the accused is not accorded a trial upon the accusation, . . . within sixty (60) days from the time of his incarceration upon the
Shalwi - 2 accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused. . . .” In this case, the sixty day period has expired. Nothing indicates any continuance has been obtained, therefore we assume the order denying bail has been automatically set aside as the Constitution requires. Thus, the issue before us is now moot and we dismiss the appeal. See Criner v. State , 878 S.W.2d 162 (Tex.Crim.App. 1994); Holloway v. State , 781 S.W.2d 605 (Tex.Crim.App. 1989).
Filed September 1, 2021
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