Fendley, Jeffrey Charles ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. AP-77,100
Ex parte JEFFREY CHARLES FENDLEY, Appellant
ON APPEAL FROM DENIAL OF BAIL
CAUSE NO. R20-509 IN THE 6TH DISTRICT COURT
LAMAR COUNTY
Per curiam.
OPINION
This is an appeal from an order denying bail under Article 1, § 11a, of the Texas
Constitution.1 On September 20, 2020, Appellant was arrested for committing a felony
offense while he was released on bail for a prior felony for which he had been indicted.
1
Article 1, §11a, provides in part:
Any person . . . (2) accused of a felony less than capital in this State, committed
while on bail for a prior felony for which he has been indicted, . . .after a hearing, and
upon evidence substantially showing the guilt of the accused of the offense . . .
committed while on bail in (2) above, . . . may be denied bail pending trial, by a district
judge in this State, if said order denying bail pending trial is issued within seven calendar
days subsequent to the time of incarceration of the accused.
Fendley - 2
On September 25, 2020, after a hearing, the trial court granted the State’s motion to deny
bail pursuant to Article 1, Section 11a of the Texas Constitution. Appellant was
incarcerated on September 28, 2020. 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 and indictment used under (2) above, . . . 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 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 December 16, 2020
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