Eric L. Baumgart v. State

• Court: Court of Appeals of Texas
• Decided: March 31, 2015
• Docket: 14-14-00309-CR
• Status: Published

Opinion

ACCEPTED 14-14-00306-CR FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 3/31/2015 6:56:15 PM CHRISTOPHER PRINE CLERK

Nos. 14-14-00306-CR, 14-14-00307-CR, 14-14-00308-CR, 14-14-00309-CR, & 14-14-00310-CR FILED IN 14th COURT OF APPEALS In the HOUSTON, TEXAS Court of Appeals 3/31/2015 6:56:15 PM For the CHRISTOPHER A. PRINE Clerk Fourteenth District of Texas At Houston

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Nos. 1909495, 1909496, 1909497, 1909498, & 1909499 In County Criminal Court at Law Number Six Of Harris County, Texas

ERIC L. BAUMGART Appellant V. THE STATE OF TEXAS Appellee

STATE’S THIRD MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE APPELLATE BRIEF

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 10.1, 10.5(b) and

38.6(d), moves for an extension of time within which to file its appellate brief. In

support of its motion, the State submits the following: 1. Appellant was convicted of five counts for the offense of violating the Private Security Act and sentenced to two years of community supervision.

2. Appellant filed written notice of appeal on March 13, 2014.

3. Appellant filed his brief on December 1, 2014.

4. The State’s reply brief is due on March 31, 2015.

5. The State seeks an extension until April 30, 2015, to file its brief.

6. This is the State’s third request for an extension in this case. The State’s first extension was sought on account of the State not having timely received a copy of appellant’s brief.

7. The following facts are relied upon to show good cause for the requested extension:

My completion of this brief has been delayed by my completion of three other appellate briefs over the past five weeks, as well as by my preparation for and presentation of an oral argument before this Court. I also have four other appellate briefs due in the coming month. Additionally, I missed several days of work over the past month due to my spouse’s recent surgery.

I am currently working on the brief for this case and intend to continue to work on it until it is completed, to the exclusion of all other cases assigned to me.

2 WHEREFORE, the State prays that this Court will grant the requested

extension.

Respectfully submitted,

/s/ Dan McCrory DAN MCCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1901 (713) 755-5826 TBC No. 13489950 Mccrory_daniel@dao.hctx.net

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument has been mailed to

the following email address via TexFile:

Renato Santos, Jr. Attorney at Law Renato.santos3@att.net

/s/ Dan McCrory DAN MCCRORY Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1901 (713) 755-5826 TBC No. 13489950 Date: March 31, 2015