In re Eduardo De La Cruz, Relator v. --Appeal from 341st Judicial District Court of Webb County (memorandum opinion per curiam)

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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 PER CURIAM DO NOT PUBLISH 1 This proceeding arises out of Cause No. K-96-00057, styled State of Texas v. Eduardo De La Cruz, in the 341st Judicial District Court, Webb County, Texas,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.

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