In re Alejandro Trevino--Appeal from 399th Judicial District Court of Bexar County

MEMORANDUM OPINION

PER CURIAM

Sitting: Karen Angelini, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 29, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On August 16, 2007, relator Alejandro Trevino filed a pro se petition for writ of mandamus complaining of the trial court's failure to rule on a petition for writ of habeas corpus and certain pre-trial motions filed in the trial court. A relator has the burden to provide a record establishing his right to mandamus relief. See Tex. R. App. P. 52.3(j)(1)(A) (appendix to mandamus petition must contain a copy of any order complained of, or any other document showing the matter complained of); Tex. R. App. P. 52.7(a)(1) (relator must file with the mandamus petition a copy of every document that is material to his claim for relief); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). Here, although Trevino attached a copy of his habeas corpus petition to the mandamus petition, it does not show that it was filed in the trial court, and he did not attach the other pre-trial motions he claims are pending, all of which are documents material to his request for mandamus relief. See Tex. R. App. P. 52.3(j)(1)(A), 52.7(a)(1). Accordingly, Trevino's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This original proceeding arises out of Cause No. 2007-CR-1443, pending in the 399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez-Gardner, presiding.