In re Eduardo De La Cruz, Relator v. --Appeal from 341st Judicial District Court of Webb County (Memorandum Opinion Per Curiam)

State: Texas

Court: Texas Northern District Court

Docket No: 04-12-00799-CR

Case Date: 12/19/2012

Plaintiff: In re Eduardo De La Cruz, Relator

Defendant: --Appeal from 341st Judicial District Court of Webb County (Memorandum Opinion Per Curiam)

Preview:Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00799-CR IN RE Eduardo DE LA CRUZ Original Mandamus Proceeding 1 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: December 19, 2012 PETITION FOR WRIT OF MANDAMUS DENIED On November 28, 2012, relator Eduardo De La Cruz filed a petition for writ of mandamus, complaining the trial court has failed to rule on his "Motion to Vacate Judgment." However, relator has the burden of providing this court with a record sufficient to establish his right to mandamus relief. See TEX. R. APP. P. 52.3(k)(1); TEX. R. APP. P. 52.7(a); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has failed to provide us with a record to support his claims. Accordingly, relator's petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a). PER CURIAM DO NOT PUBLISH

This proceeding arises out of Cause No. K-96-00057, styled State of Texas v. Eduardo De La Cruz, in the 341st Judicial District Court, Webb County, Texas, the Honorable Elma T. Salinas Ender presiding.

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