No. AP- 77,024

I N THE

C OURT OF C RIMINAL A PPEALS OF T EXAS

AT A USTIN , T EXAS

_________________________________________________ A LBERT L OVE
,
A PPELLANT

V.

THE STATE OF TEXAS

___________________________________________ A N A PPEAL OF A C ONVICTION IN

C AUSE N O

. 201 1- 1511 -C1

F ROM THE 19 TH J UDICIAL D ISTRICT C OURT OF

M C L ENNAN C OUNTY
, T EXAS

____________________________________________

S ECOND M OTION FOR E XTENSION OF T IME

T O F ILE THE S TATE ’ S B RIEF

____________________________________________

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.u s 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
CLERKTO 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 rea sonable 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 i s due on December 2 9 , 2014. The

State requests that the new deadline be January 28

, 201 5

. The State has

requested one previous sixty

- day extension.

The State’s attorney is responsible for all post

- conviction matters

concerning the McLennan County Crimin al 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 Crimi nal 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 t his

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 therecord and develop his points for appe llate 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 , 201 5 or that this Court grant such additio nal time as is just and

proper

. Respectfully Submitted:

A BELINO ‘A BEL ’ R EYNA Criminal District Attorney McLennan County, Texas

/

/S / / Sterling Harmon

S TERLING H ARMON Appellate Division Chief

219 North 6 th Street, Suite 200
Waco, Texas 76701

Tel : (254) 757

- 5084

Fax : (254) 757

- 5021

Email : sterling.harmon@co.mclennan.t x.us
State Bar No. 2406 8071C ERTIFICATE OF SERVIC E

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.

D ATE : 1 2 / 2 9 /14 / /S// S TERLING H ARMON

S TERLING H ARMON