Holloway v. State

781 S.W.2d 605, 1989 Tex. Crim. App. LEXIS 221, 1989 WL 153101

Opinions

OPINION

PER CURIAM.

This is an appeal from an order denying bail pursuant to Article I, Sec. 11a of the Constitution of the State of Texas. On September 6, 1989, appellant was arrested for murder. A week later, the district court judge convened a hearing at the State’s request, after which the district court denied bail. Appellant filed a writ of habeas corpus in the district court on September 20. The district judge denied relief on October 4, and appellant filed notice of appeal the next day.

Article I, Sec. 11a supra, 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....” The sixty day period has expired. Because there is nothing to indicate that any continuance has been obtained, we therefore assume that the order denying bail has been automatically set aside as the Constitution requires. Thus the issue is now moot and the appeal must be dismissed. See Taylor v. State, 676 S.W.2d 135 (Tex.Cr.App.1984).

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It is so ordered.

Because § 11a prescribes an exclusive proceeding for entering an order denying bail for a period of at least sixty days, purported appeal from denial of petition for writ of habeas corpus challenging the prior sufficiency finding and seeking to rescind that order is likewise moot.