Love, Albert Leslie, Jr

• Court: Court of Appeals of Texas
• Decided: December 29, 2014
• Docket: AP-77,024
• Status: Published

Opinion

AP-77,024 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS December 29, 2014 Transmitted 12/29/2014 10:17:51 AM Accepted 12/29/2014 10:42:07 AM ABEL ACOSTA No. AP-77,024 CLERK 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 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