No. AP-77,024

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

AT AUSTIN, TEXAS

_________________________________________________

ALBERT LOVE, 

APPELLANT

V.

THE STATE OF TEXAS

___________________________________________

AN APPEAL OF A CONVICTION IN

CAUSE NO. 2011-1511-C1 

FROM THE 19TH JUDICIAL DISTRICT COURT OF

MCLENNAN COUNTY, TEXAS

____________________________________________

SECOND MOTION FOR EXTENSION OF TIME

TO FILE THE STATE’S BRIEF

____________________________________________

ABELINO "ABEL" REYNA STERLING HARMON

Criminal District Attorney Appellate Division Chief 

McLennan County, Texas State Bar No. 09019700

219 North 6th Street, Suite 200

Waco, Texas 76701

Tel: (254) 757-5084

Fax: (254) 757-5021

Email: 

sterling.harmon@co.mclennan.tx.us 

AP-77,024

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/29/2014 10:17:51 AM

Accepted 12/29/2014 10:42:07 AM

ABEL ACOSTA

CLERK
TO THE HONORABLE COURT OF CRIMINAL APPEALS

The State of Texas, moves for an extension of Thirty Days in which 

to file its Brief, pursuant to Tex. R. App. P. 10.5(b). The State’s request is 

based upon the following reasonable explanation of the need for additional 

time, within the personal knowledge of Sterling Harmon, the attorney 

signing this motion, namely:

The State of Texas moves this court to allow an extension of thirty

days to file its Brief. The State’s Brief is due on December 29, 2014. The 

State requests that the new deadline be January 28, 2015. The State has 

requested one previous sixty-day extension.

The State’s attorney is responsible for all post-conviction matters 

concerning the McLennan County Criminal District Attorney’s Office, 

including appeal and writs, as well as open records and third party 

discovery requests. The State’s attorney currently has ten appellate matters 

in queue as well as a pending capital writ response. The McLennan 

County Criminal District Attorney’s Office usually has two attorneys 

assigned to appellate issues, but the other attorney has recently been on 

FMLA leave. 

 Appellant in the case at bar has presented eleven points of error in this 

appeal of his Capital Murder conviction and sentence of death. More than 

fourteen months passed from the time of conviction to the filing of 

Appellant’s brief, during which time Appellant was able to evaluate the 
record and develop his points for appellate review. The State’s attorney 

requires additional time to properly brief the case at bar as well as to 

properly address the other pending matters that require his attention. The 

additional time sought is not sought frivolously or for delay, but will be of 

genuine assistance in preparing the State’s brief.

For the foregoing reasons, the State prays that the Court grant this 

Motion and modify and extend the deadline for filing the State’s brief to 

January 28, 2015 or that this Court grant such additional time as is just and 

proper.

Respectfully Submitted:

ABELINO ‘ABEL’ REYNA

Criminal District Attorney

McLennan County, Texas

 //S// Sterling Harmon 

 STERLING HARMON

 Appellate Division Chief

 219 North 6th Street, Suite 200 

 Waco, Texas 76701

 Tel: (254) 757-5084

 Fax: (254) 757-5021

 Email: 

 sterling.harmon@co.mclennan.tx.us

State Bar No. 24068071
CERTIFICATE OF SERVICE

I certify that I caused to be served a true and correct copy of this 

motion by electronic service or email on counsel for Appellant.

DATE: 12/29/14 //S// STERLING HARMON

STERLING HARMON