Baumgart, Eric L.

Opinion

PD-1358-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/6/2016 11:24:24 AM Accepted 6/6/2016 11:39:16 AM June 6, 2016 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 _____________________________________

APPELLANT’S MOTION FOR LEAVE TO FILE A REPLY TO STATE’S MERIT BRIEF _____________________________________

Michael D. Gillespie SBOT # 07926500 Gillespie Law Firm 226 Sheldon Road Channelview, Texas 77530 Tel. 281-457-9999 Fax. 281-457-0990 TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

INTO COURT COMES, ERIC LYNN BAUMGART, the appellant, who

files this motion, through the attorney designated herein, and in support of said

motion would respectfully show the court as follows:

On May 23, 2016 the prosecution-appellee filed its merit brief in this case

and it raised arguments that warrant a reply. The appellant’s reply, filed

contemporaneously with this motion, addresses important issues created in the

appellee’s merit brief.

Wherefore, premises considered, the appellant requests the court to grant

this motion and to allow the appellant to file his reply.

Respectfully submitted by:

Michael D. Gillespie SBOT # 07926500

Attorney for: Eric Lynn Baumgart Appellant

-2- CERTIFICATE OF COMPLIANCE

Pursuant to Rule 9.4(i)(3) of the Texas Rules of Appellate Procedure, it is certified that this document contains 98 words for included sections as defined under Rule 9.4(i)(1) and that it is compliant with Rule 9.4(i)(3)(D).

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 Via: Email to lisa.mcminn@spa.texas.gov

Harris County District Attorney Via: Email to curry_alan@dao.hctx.net Email to mccrory_daniel@dao.hctx.net

Andrew M. Bayley Attorney for Amici Curiae Via: Email to andrew@bayleylawfirm.com

William S. Marks Amicus Curiae pro se Via: Email to wsmarks385@yahoo.com

Texas Attorney General General Litigation Division Via: Email to const_claims@texasattorneygeneral.gov

Certified by:

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