PD-1358&1359&1360&1361-15 PD-1358_1361-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/19/2015 11:07:56 AM
Accepted 10/19/2015 4:20:58 PM
ABEL ACOSTA
No. ______________ CLERK
_____________________________________
IN THE COURT OF CRIMINAL APPEALS OF TEXAS
_____________________________________
APPEAL FROM THE FOURTEENTH COURT OF APPEALS OF TEXAS
NO. 14-14-00307-CR
NO. 14-14-00308-CR
NO. 14-14-00309-CR
NO. 14-14-00310-CR
_____________________________________
Eric Lynn Baumgart
Appellant
VERSUS
The State of Texas
Appellee
_____________________________________
MOTION FOR EXTENSION OF TIME TO FILE
PETITION FOR DISCRETIONARY REVIEW
_____________________________________
Respectfully submitted by:
Michael D. Gillespie
Texas Bar Card No. 07926500
226 Sheldon Road
Channelview, Texas 77530
Tel. 281-457-9999
Fax. 281-457-0990
October 19, 2015
Attorney for:
Eric Lynn Baumgart
Appellant
IDENTITY OF THE PARTIES AND COUNSEL
Appellant: Eric Lynn Baumgart
Counsel for Appellant: Michael D. Gillespie
Texas Bar Card No. 07926500
226 Sheldon Road
Channelview, Texas 77530
Tel. 281-457-9999
Fax. 281-457-0990
Email: 226sheldon@gmail.com
Appellee: The State of Texas
Counsel for Appellee: Devon D. Anderson
Texas Bar Card No. 20839600
Daniel McCrory
Texas Bar Card No. 13489950
District Attorney’s Office
1201 Franklin, Suite 600
Houston, Texas 77002
Tel. 713-755-5826
Fax. 713-755-5809
Email: mccrory_daniel@dao.hctx.net
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TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
INTO COURT COMES, ERIC LYNN BAUMGART, the Appellant,
through the undersigned Attorney, who files this motion and would respectfully
show the Court as follows:
PROCEDURAL SUMMARY
1. This case is an appeal of a judgment from the Fourteenth Court of Appeals
of Texas in the cases styled Eric Lynn Baumgart v. The State of Texas that were
assigned Cause Numbers 14-14-00307-CR, 14-14-00308-CR, 14-14-00309-CR,
and 14-14-00310-CR.
1. On Tuesday-June 30, 2015 the Court of Appeals entered a judgment
against Appellant and a motion for rehearing was timely filed on Wednesday-July
15, 2015.
2. On Thursday-August 6, 2015 the Court of Appeals denied Appellant’s
motion for rehearing. A motion for en banc reconsideration was timely filed on
Friday-August 14, 2015.
3. On Thursday-September 24, 2015 the Court of Appeals denied
Appellant’s motion for en banc reconsideration.
2. The deadline for Appellant to file a petition for discretionary review
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pursuant to Tex. R. App. P. § 68 is Monday-October 26, 2015.
3. Appellant intends to file a petition for discretionary review seeking relief
from the Court of Criminal Appeals.
REQUEST FOR EXTENSION OF TIME
4. Pursuant to Tex. R. App. P. § 68.2(c), Appellant requests the Court to extend
the deadline for Appellant to file a petition for discretionary review until Monday-
November 30, 2015.
5. There have been no previous extensions requested or granted.
GROUNDS FOR EXTENSION OF TIME
6. The attorney for Appellant is diligently working on the petition for
discretionary review in these cases, but additional time to finish the petition is
necessary to adequately represent Appellant’s interests.
7. Appellant’s attorney has been and is simultaneously working on numerous
cases with trial settings and urgent deadlines, including:
1. Oscar Macias, et al v. Esteban Izazaga, et al, in the 295th District
Court of Texas (Harris County) under Cause Number 2012-19236, that is
scheduled for trial beginning Monday-November 16, 2015;
2. Ricardo Rodriguez Lara v. Leslie Dee Lowry Foreman, in the County
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Civil Court at Law Number One for Harris County Texas under Cause Number
1058065, that is scheduled for trial beginning Monday-October 19, 2015;
3. The Guardianship of Creighton Mills, an Incapacitated Person, in the
Probate Court Number Four for Harris County Texas under Cause Number
433828, that was scheduled for trial on Wednesday-October 14, 2015;
4. The State of Texas v. Ronald Dean Giesler, in the 338th District Court
of Texas (Harris County) under Cause Number 1479171, in which a grand jury
brief was due by Tuesday-October 13, 2015;
5. In the Interest of Edward Cater, A Child, in the 245th District Court of
Texas (Harris County) under Cause Number 2014-04166, that was scheduled for
trial beginning Monday-October 12, 2015;
6. In the Matter of the Marriage of Melanie Dawn Christopher and
James Daniel Sheppeard, in the 245th District Court of Texas (Harris County)
under Cause Number 2014-16015, that was scheduled for trial beginning on
Tuesday-October 6, 2015; and
7. ARCI, Ltd v. Construction Supervisors, Inc, et al, in the 269th District
Court of Texas (Harris County) under Cause Number 2015-18442, in which
discovery was due by Monday-October 5, 2015.
8. This request is not made to unjustly delay the proceedings, but is made in the
interests of justice.
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Respectfully submitted by:
____________________________________
Michael D. Gillespie
Texas Bar Card No. 07926500
226 Sheldon Road
Channelview, Texas 77530
Tel. 281-457-9999
Fax. 281-457-0990
Attorney for:
Eric Lynn Baumgart
Appellant
CERTIFICATE OF SERVICE
Pursuant to Rule 9.5(d) of the Texas Rules of Appellate Procedure, it is
certified that a true copy of these papers were served on the following parties:
Harris County District Attorney
Appellate Division
1201 Franklin Street, Suite 600
Houston, Texas 77002
Via: Email to curry_alan@dao.hctx.net
Email to mccrory_daniel@dao.hctx.net
____________________________________
Michael D. Gillespie
Texas Bar Card No. 07926500
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