Shalwi, Sohaib Al ( 2021 )

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
CAUSE NO. 1700374 IN THE 183 rd DISTRICT COURT
HARRIS COUNTY
Per curiam.
OPINION
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
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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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