Fendley, Jeffrey Charles

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.

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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