FILED IN

COURT OF CRIMINAL APPEALS

January 27, 2015

ABELACOSTA, CLERK No. AP-77,024

In the

Court of Criminal Appeals of Texas

at Austin, Texas

AP-77,024

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 1/27/2015 2:35:46 PM

Accepted 1/27/2015 2:43:39 PM

ABEL ACOSTA

CLERK

j

Albert Love, «r^

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

Third Motion for Extension of Time

To File the State's Brief

ABELINO "ABEL" REYNA

Criminal District Attorney

McLennan County, Texas

STERLING HARMON

Appellate Division Chief

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

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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 January 28, 2015. The State

requests that the new deadline be February 27, 2015. The State has

requested one previous sixty-day extension and one previous thirty-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 thirteen appellate

matters in queue as well as a pending capital writ response. Further, the

State's attorney is preparing for oral argument before this Court on

February 5, 2015. The McLennan County Criminal District Attorney's

Office usually has two attorneys assigned to appellate issues, but the other

attorney has just recently returned from 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

February 27, 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

IISII 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. 09019700
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: 1/27/15 IISIISterling Harmon

Sterling Harmon