Baumgart, Eric L.

Court of Appeals of Texas·Decided December 21, 2015·No. PD-1361-15·Published

Opinion

PD-1358-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/21/2015 10:32:06 AM December 21, 2015 Accepted 12/21/2015 10:43:20 AM ABEL ACOSTA NO. PD-1358-15 CLERK NO. PD-1359-15 NO. PD-1360-15 NO. PD-1361-15 _____________________________________

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 _____________________________________

SUPPLEMENT TO NOTICE OF INCOMPLETE RECORDS _____________________________________

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 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

INTO COURT COMES, ERIC LYNN BAUMGART, the Appellant,

through the undersigned Attorney, who files this Supplement to Notice of

Incomplete Records and would respectfully show the Court as follows:

RESTORATION OF PURGED RECORDS

1. On December 17, 2015 Appellant reported to the Court of Criminal Appeals

that his trial records were incomplete and that certain records had been purged

from public Internet access.

2. The next day the District Clerk’s Office restored the purged records;

however, no explanation about why or who purged them was given. See Exhibits 1,

2, and 3. These circumstances are suspicious and warrant investigation.

3. It is not reasonable to believe that the purging of Appellant’s records was

accidental and it begs the question about what else has been altered.

RELIEF STILL SOUGHT

4. Appellant still requests the relief sought in his original notice of incomplete

records and now Appellant requests the Court of Criminal Appeals to order the

District Clerk to explain under oath the circumstances of the purging.

-2- 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 COMPLIANCE

Pursuant to Rule 9.4(i)(3) of the Texas Rules of Appellate Procedure, it is certified that this document contains 174 words for included sections as defined under Rule 9.4(i)(1) and that it is compliant with Rule 9.4(i)(3)(D).

-3- 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:

State Prosecuting Attorney PO Box 13046 Austin, Texas 78711 Via: Email to lisa.mcminn@spa.texas.gov

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

Texas Attorney General General Litigation Division PO Box 12548 Austin, Texas 78711-2548 Via: Email to const_claims@texasattorneygeneral.gov

____________________________________ Michael D. Gillespie Texas Bar Card No. 07926500

-4- EXHIBIT 1 Gmail - FW: Ticket 19151 Open--> 19094950101010: The attorney is unable to view ... Page 1 of 4

.., / ~ ..

Lwi"'~ ii Mike Gillespie <226sheldon@gmail.com>

FW: Ticket 19151 Open --> 19094950101010: The attorney is unable to view ... DCSA (DCO) Fri, Dec 18, 2015 at 1:16 PM To: "226sheldon@gmail.com" <226sheldon@gmail.com>

Please try that case again now sir and it should be good on the website.

Thank you,

Help Desk Technician

Technical Support

201 Caroline, Ste 230

www.hcdistrictclerk.com

From: Sent: Friday, December 18, 2015 1:03 PM To: DCSA (DCO) Cc: Subject: RE: Ticket 19151 Open --> 19094950101010: The attorney is unable to view ...

Hello,

Please try now, the case has been reran thru our security logic and is now public.

https://mail.google.com/mail/u/0/?ui=2&ik=cc6fd3bcl5&view=pt&search=inbox&msg=... 12/20/2015 Gmail - FW: Ticket 19151 Open--> 19094950101010: The attorney is unable to view ... Page 2 of 4

~ FOU:RTEENTH COURT l\d

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Thanks,

Technical Services

for Chris Daniel, District Clerk

Harris County, Texas

Please visit us at http://www.hcdistrictclerk.com

From: Help Desk Ticket (DCO) Sent: Friday, December 18, 2015 11:42 AM To: (DCO) SDE Programmers Subject: Ticket 19151 Open --> 19094950101010: The attorney is unable to view ...

https://mail.google.com/mail/u/0/?ui=2&ik=cc6fd3bcl5&view=pt&search=inbox&msg=... 12/20/2015 Gmail - FW: Ticket 19151 Open--> 19094950101010: The attorney is unable to view ... Page 3 of 4

TICKET 19151

Client

Name: Public User

Location: CCH

Phone: 7137557815

Floor: 2

Room Number I Court: 230

Ticket Info

Ticket No.: 19151

Report Date: 12/18/2015 11 :36 am

Due Date: 12/21/2015 9:36 am

Reporter: Antonio Burgos

Department: Network Support

Tech: Programmers

Priority: Medium

Status: Open

Request Type: Applications< DCO - Website

Subject: 19094950101010

Request Detail: The attorney is unable to view this case in Search Our Records

Atty Eric Baumgart 226sheldon@gmail.com

Notes

https://mail.google.com/mail/u/0/?ui=2&ik=cc6fd3bcl5&view=pt&search=inbox&msg= ... 12/20/2015 Gmail - FW: Ticket 19151 Open--> 19094950101010: The attorney is unable to view ... Page 4 of 4

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https://mail.google.com/mail/u/0/?ui=2&ik=cc6fd3bcl5&view=pt&search=inbox&msg=... 12/20/2015 EXHIBIT 2 Office of Harris County District Clerk - Chris Daniel Page 1 of 1

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Case(Cause )# Style File Date Court Status Type of Action/Offense 139561201010-3 The State ofTexas vs.

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Baumgart, Eric L., (Tex. Ct. App. 2015).

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