Shalwi, Sohaib Al

• Court: Court of Criminal Appeals of Texas
• Decided: September 1, 2021
• Docket: AP-77,101
• Status: Published

Opinion

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 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Filed September 1, 2021 Do not publish