ACCEPTED
01-14-00320-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/20/2015 4:42:00 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00320-CR
In the FILED IN
1st COURT OF APPEALS
Court of Appeals HOUSTON, TEXAS
For the 1/20/2015 4:42:00 PM
First District of Texas CHRISTOPHER A. PRINE
Clerk
At Houston
No. 1382166
In the 183rd District Court
Of Harris County, Texas
ERIC BAUMGART
Appellant
v.
THE STATE OF TEXAS
Appellee
State’s Third Motion for Extension
Of Time to File Brief
To the Honorable Court of Appeals:
The State of Texas, pursuant to TEX. R. APP. P. 2 & 10.5, moves for an
extension of time in which to file its appellate brief. The following facts are
relevant:
1. The appellant was indicted for the state-jail-felony offense of
tampering with a governmental record. (CR 11). The appellant
pleaded not guilty. (2 RR 5). A jury found him guilty as charged. (CR
822, 824). The trial court sentenced the appellant to two years’
confinement in the state jail, but suspended the sentence and
ordered that the appellant serve five years’ community supervision.
(CR 824). The trial court certified the appellant’s right of appeal, and
the appellant filed a timely notice of appeal. (CR 833, 834).
2. The State’s brief is due on January 20, 2014. The State requests a 30-
day extension of time in which to file its brief.
3. This is the State’s third request for extension.
4. The following facts are relied upon to show good cause for an
extension of time to allow the State to file its brief:
a. Since this Court granted the State’s second motion for
extension, the undersigned attorney has worked on the
following matters:
1. Shane Allen Mikel
No. 01-14-00277-CR
Brief filed December 31, 2014
2. Brian Wei
No. PD-1613-14
Petition for discretionary review filed January 6, 2015
3. State of Texas v. Joshua Grabow
No. 1380708 in the 248th District Court
Handled lengthy jury-charge conference on January 8, 2015
4. Cedric Hopes
No. 14-14-00403-CR
Brief filed January 14, 2015
5. Gary Ishmael Bolin
Nos. 14-14-00521-CR & 14-14-00522-CR
Brief filed January 14, 2015
6. Jose Treto
No. 14-14-00369-CR
Brief filed January 15, 2015
7. Octaviano Sanchez
Nos. 14-14-00003-CR et seq.
Oral argument originally set for January 8, 2015, but on
January 6 (after the undersigned attorney had begun
preparations) the argument was reset for January 22.
b. In addition to these cases (and this case), the undersigned
attorney presently has assigned to him three other cases with
active deadlines (one of which, the court has warned, can
receive no additional extensions). This workload is common in
the appellate section of the Harris County District Attorney’s
office, thus offloading this work to others is not a realistic
option.
c. The undersigned attorney is assigned to receive trial court
questions from nine felony courts and, in addition to the jury-
charge conference listed above (which is the only trial court
matter in which the undersigned attorney has appeared on the
record in the last month), the undersigned attorney receives,
on average, one trial court question a day and those can take
anywhere from five minutes to three hours to answer.
d. The undersigned attorney was out of the office for the week of
December 22-26 for Christmas celebrations and to plan and
attend a memorial service for a family member.
e. This case is presently working on this case and, while he makes
no promises as to when the brief will be completed (the oral
argument set for January 22 could interfere with any
promises), the undersigned attorney assures this Court it will
be done in as quickly as possible.
WHEREFORE, the State prays that this Court will grant the requested
extension.
Respectfully submitted,
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
CERTIFICATE OF SERVICE
I certify that I have requested that efile.txcourts.gov electronically serve
a copy of this motion to:
Thomas J. Lewis
tjlaw2@comcast.net
/s/ C.A. Morgan
CLINTON A. MORGAN
Assistant District Attorney
Harris County, Texas
1201 Franklin, Suite 600
Houston, Texas 77002-1923
(713) 755-5826
morgan_clinton@dao.hctx.net
TBC No. 24071454
Date: January 20, 2014