Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/20/2015 4:42:00 PM CHRISTOPHER A. PRINE Clerk *1 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

Court of Appeals For the

First District of Texas At Houston

 No. 1382166

In the 183 rd 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 T EX . R. A PP . 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 248 th District Court Handled lengthy jury-charge conference on January 8, 2015 *3 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 C LINTON A. M ORGAN 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 *5 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 C LINTON A. M ORGAN 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