In re David G. Lopez--Appeal from County Court at Law No 2 of Bexar County

MEMORANDUM OPINION

PER CURIAM

Sitting: Catherine Stone, Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: May 16, 2007

PETITION FOR WRIT OF MANDAMUS DENIED

On May 1, 2007, relator David G. Lopez filed a pro se petition for writ of mandamus complaining of the trial court's denial of his motion to suppress evidence, motion to appoint counsel, motion for a pretrial hearing, motion to hear motions, and petition for habeas corpus. 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, the challenged orders and motions filed in the underlying cause, documents material to relator's request for mandamus relief, do not accompany the mandamus petition. Accordingly, Lopez's petition for writ of mandamus is denied. Tex. R. App. P. 52.8(a). Because a motion for leave to file a petition for a writ of mandamus is not necessary under the appellate rules, Lopez's motion for leave to file his petition is denied as moot.

PER CURIAM

1. This original proceeding arises out of Cause No. 995865 in the County Court at Law No. 2, Bexar County, Texas, the Honorable H. Paul Canales, presiding.