Case Information
*1 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 _____________________________________ I N THE C OURT OF C RIMINAL A PPEALS OF T EXAS
_____________________________________ A PPEAL FROM THE F OURTEENTH OURT OF A PPEALS OF EXAS N O . 14-14-00307-CR N O . 14-14-00308-CR N O . 14-14-00309-CR N O . 14-14-00310-CR _____________________________________ Eric Lynn Baumgart Appellant VERSUS The State of Texas Appellee _____________________________________ M OTION FOR E XTENSION OF IME TO F ILE ETITION FOR D ISCRETIONARY R EVIEW _____________________________________ 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 *2 I DENTITY OF THE ARTIES AND OUNSEL 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 *3 O THE H ONORABLE OURT OF C RIMINAL A PPEALS OF EXAS :
INTO COURT COMES, ERIC LYNN BAUMGART, the Appellant, through the undersigned Attorney, who files this motion and would respectfully show the Court as follows: ROCEDURAL S UMMARY 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. The deadline for Appellant to file a petition for discretionary review
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.
R EQUEST FOR E XTENSION OF IME 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.
G ROUNDS FOR E XTENSION OF IME 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 295 th District Court of Texas (Harris County) under Cause Number 2012-19236, that is scheduled for trial beginning Monday-November 16, 2015; Ricardo Rodriguez Lara v. Leslie Dee Lowry Foreman , in the County
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; The State of Texas v. Ronald Dean Giesler , in the 338 th District Court
4. of Texas (Harris County) under Cause Number 1479171, in which a grand jury brief was due by Tuesday-October 13, 2015; In the Interest of Edward Cater, A Child , in the 245 th District Court of
5. 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 245 th District Court of Texas (Harris County) under Cause Number 2014-16015, that was scheduled for trial beginning on Tuesday-October 6, 2015; and ARCI, Ltd v. Construction Supervisors, Inc, et al , in the 269 th District
Court of Texas (Harris County) under Cause Number 2015-18442, in which discovery was due by Monday-October 5, 2015. This request is not made to unjustly delay the proceedings, but is made in the
interests of justice.
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 ERTIFICATE OF S ERVICE 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