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 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 [email protected] Harris County District Attorney Via: Email to [email protected] Email to [email protected] Andrew M. Bayley Attorney for Amici Curiae Via: Email to [email protected] William S. Marks Amicus Curiae pro se Via: Email to [email protected] Texas Attorney General General Litigation Division Via: Email to [email protected]

Certified by:

Michael D. Gillespie SBOT # 07926500

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