in Re Eduardo De La Cruz, Relator ( 2012 )

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DO NOT PUBLISH
1
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.