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In re Bates

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Oct 31, 2012
No. 04-12-00658-CR (Tex. App. Oct. 31, 2012)

Opinion

No. 04-12-00658-CR

10-31-2012

IN RE Darrell Eugene BATES


MEMORANDUM OPINION


Original Mandamus Proceeding

This proceeding arises out of Cause No. 2011CR1251W, styled State of Texas v. Darrell Eugene Baker, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.

PER CURIAM Sitting: Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice
PETITION FOR WRIT OF MANDAMUS DENIED

On October 11, 2012, Relator Darrell Eugene Bates filed a petition for writ of mandamus, complaining the trial court failed to grant his requested motion for expunction. However, the relator bears the burden of providing this court with a record sufficient to establish his right to mandamus relief and the relator has failed to provide copies of the documents he filed before the trial court. See TEX. R. APP. P. 52.7(a) ("Relator must file with the petition [ ] a certified or sworn copy of every document that is material to the relator's claim for relief and that was filed in any underlying proceeding"); see also TEX. R. APP. P. 52.3(k)(1)(A); Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). Relator has failed to provide this court with a record establishing his right to mandamus relief and we therefore conclude that he has not shown himself entitled to mandamus relief. Accordingly, relator's petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM DO NOT PUBLISH


Summaries of

In re Bates

Court of Appeals Fourth Court of Appeals District of Texas San Antonio
Oct 31, 2012
No. 04-12-00658-CR (Tex. App. Oct. 31, 2012)
Case details for

In re Bates

Case Details

Full title:IN RE Darrell Eugene BATES

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

Date published: Oct 31, 2012

Citations

No. 04-12-00658-CR (Tex. App. Oct. 31, 2012)