FILED IN COURT OF CRIMINALAPPEALS January 27, 2015 ABELACOSTA, CLERK No. AP-77,024 In the Court of Criminal Appeals ofTexas 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 

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Albert Love, 

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Appellant V. THE STATE OF TEXAS

An Appeal ofa Conviction in Cause No. 2011-1511-C1 Fromthe 19thJudicial DistrictCourtof McLennan County, Texas

Third Motion for Extension ofTime
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 

### ^ ft 

## < >TO THE HONORABLE COURT OF CRIMINAL APPEALS
The State ofTexas, moves for an extension ofThirty Days in which to file its Brief, pursuantto Tex. R. App. P. 10.5(b). The State's request is 

### based upon the following reasonable explanation ofthe need for additional time, within the personal knowledge ofSterling Harmon, the attorney signing this motion, namely: The State of Texas moves this court to allow an extension ofthirty 

### days to file its Brief. The State's Brief is due onJanuary 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 DistrictAttorney'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 argumentbefore this Court on February 5, 2015. The McLennan County Criminal DistrictAttorney's 

### Officeusually has two attorneys assigned to appellate issues, butthe other attorney hasjustrecently returned from FMLA leave. Appellant in the case at barhas presented eleven points oferror in this appeal of his Capital Murder conviction and sentence ofdeath. More thanfourteen months passed from the time ofconviction 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 briefthe case at bar as well as to 

### properly address the otherpending matters that require his attention. The 

### additional time soughtis not soughtfrivolously or for delay, butwill be of genuine assistance in preparing the State's brief. 

### For the foregoing reasons, the State prays thatthe Court grantthis Motion and modify and extend the deadline for filing the State's briefto February 27, 2015 or that this Court grant such additional time as isjust and proper. 

### Respectfully Submitted: Abelino 'Abel' Reyna Criminal District Attorney McLennan County, Texas IISII Sterling Harmon Sterling Harmon Appellate Division Chief 219 North 6thStreet, Suite 200 Waco, Texas 76701 Tel: (254) 757-5084 Fax: (254) 757-5021 Email: 

### sterling.harmon@co.mclennan.tx.us State Bar No. 09019700Certificate of service 

### I certify thatIcaused to be served atrue and correct copy of this motion by electronic service or email on counsel for Appellant.

Date: 1/27/15 IISIISterling Harmon Sterling Harmon