Shephard, Craig Ross ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. AP-77,056, 77,057, 77,058
CRAIG ROSS SHEPHARD, Appellant
v.
THE STATE OF TEXAS
ON APPEAL FROM DENIAL OF BAIL
CAUSE NOS. 1383239, 1461069, 1461070 IN THE 185 TH DISTRICT COURT
HARRIS COUNTY
Per curiam.
OPINION
This is an appeal from an order denying bail under Article 1, § 11a, of the Texas
Constitution.1 On March 13, 2015, Appellant was arrested and jailed for the offenses of
1
After a hearing the trial court granted the State’s motion to deny bail under Article
1, §11a, which provides in part:
Any person . . . (3) accused of a felony less than capital in this State
involving the use of a deadly weapon after being convicted of a prior
felony, . . .after a hearing, and upon evidence substantially showing the guilt
of the accused of the offense . . . may be denied bail pending trial, by a
district judge in this State, if said order denying bail pending trial is issued
Shephard - 2
possession of a prohibited weapon and possession of a controlled substance. He is also
being held on a motion to adjudicate guilt for the offense of possession of a controlled
substance. On March 19, 2015, the trial court granted the State’s motion to deny bail for
these offenses 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
accusation, the order denying bail shall be automatically set aside, unless a continuance is
obtained upon the motion or request of the accused. . . .” In these cases, 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: May 13, 2015
Do not publish
within seven calendar days subsequent to the time of incarceration of the
accused.