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In re Trevino

Court of Appeals of Texas, Fourth District, San Antonio
Aug 29, 2007
No. 04-07-00572-CV (Tex. App. Aug. 29, 2007)

Opinion

No. 04-07-00572-CV

Delivered and Filed: August 29, 2007.

Original Mandamus Proceeding.

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.

Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


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).


Summaries of

In re Trevino

Court of Appeals of Texas, Fourth District, San Antonio
Aug 29, 2007
No. 04-07-00572-CV (Tex. App. Aug. 29, 2007)
Case details for

In re Trevino

Case Details

Full title:IN RE ALEJANDRO TREVINO

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 29, 2007

Citations

No. 04-07-00572-CV (Tex. App. Aug. 29, 2007)