No. 01-14-00320-CR

In the

Court of Appeals

For the

First District of Texas

At Houston



No. 1382166

In the 183rd 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 TEX. R. APP. 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 

ACCEPTED

01-14-00320-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

1/20/2015 4:42:00 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/20/2015 4:42:00 PM CHRISTOPHER A. PRINE Clerk
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 248th District Court

Handled lengthy jury-charge conference on January 8, 2015
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 jurycharge 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

CLINTON A. MORGAN

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
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

CLINTON A. MORGAN

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