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