Eric Baumgart v. State

Opinion

ACCEPTED

01-14-003020-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/28/2015 12:05:26 PM CHRISTOPHER PRINE

CLERK

No. 01-14-00320-CR

_____________________________________

FILED IN

IN THE FIRST COURT OF APPEALS OF1stTCOURT EXAS OF APPEALS

_____________________________________ HOUSTON, TEXAS 9/28/2015 12:05:26 PM

APPEAL FROM THE 183 DISTRICT COURT OF TEXASCHRISTOPHER A. PRINE RD

Clerk

FOR HARRIS COUNTY CAUSE NO. 1382166

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Eric Lynn Baumgart

Appellant

VERSUS

The State of Texas

Appellee

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MOTION TO SUBSTITUTE COUNSEL

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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

Motion to Substitute Counsel 1 Texas COA:01-14-00320-CR | Page 1 of 3

TO THE HONORABLE COURT OF APPEALS OF TEXAS: - Justice Russell Lloyd, Justice Evelyn Keyes, and Justice Michael Massengale, presiding.

INTO COURT COMES, ERIC LYNN BAUMGART, the Appellant, through the

undersigned Attorney and files this Motion for a Rehearing pursuant to Tex. R. App. P. 49.1 and

would respectfully show the Court as follows:

1. Thomas J. Lewis was previously appointed by the Trial Court to represent Appellant in

these causes. Appellant no longer desires to be represented by Thomas J. Lewis.

2. Michael D. Gillespie has been employed to represent Eric Lynn Baumgart in these

causes. Eric Lynn Baumgart approves this substitution, as evidenced by his signature on this

motion. This Motion is not brought for delay, but to allow Appellant to be represented by

counsel of choice.

3. Wherefore, premises considered, Eric Lynn Baumgart prays that the Court enter an order

allowing Thomas J. Lewis to withdraw from representing Appellant and to substitute Michael D.

Gillespie as attorney of record in these causes.

Respectfully submitted by:

____________________________________

Michael D. Gillespie Texas Bar Card No. 07926500 226 Sheldon Road Channelview, Texas 77530

Consented to: Tel. 281-457-9999 Fax. 281-457-0990

____________________________________ Attorney for: Eric Lynn Baumgart Eric Lynn Baumgart Appellant

Motion to Substitute Counsel 1 Texas COA:01-14-00320-CR | Page 2 of 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:

Harris County District Attorney Appellate Division 1201 Franklin Street, Suite 600 Houston, Texas 77002 Via: Email to curry_alan@dao.hctx.net Email to morgan_clinton@dao.hctx.net

Thomas J. Lewis Texas Bar Card No. 12308540 1602 Washington Avenue Houston, Texas 77007 Via: Email to tjlaw2@comcast.net.

____________________________________

Michael D. Gillespie Texas Bar Card No. 07926500

Motion to Substitute Counsel 1 Texas COA:01-14-00320-CR | Page 3 of 3