Court of Appeals of Texas, 2011

in Re Jessie Aceves, Relator

in Re Jessie Aceves, Relator
Court of Appeals of Texas · Decided July 13, 2011 · No. 04-11-00446-CR
in Re Jessie Aceves, Relator

Opinion

MEMORANDUM OPINION

No. 04-11-00446-CR

IN RE Jessie ACEVES

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Catherine Stone, Chief Justice

Phylis J. Speedlin, Justice

Steven C. Hilbig, Justice

Delivered and Filed: July 13, 2011

PETITION FOR WRIT OF MANDAMUS DENIED

On June 27, 2011, relator Jessie Aceves filed a petition for writ of mandamus, complaining the trial court has failed to dismiss the charges against him based on an agreement between him and the district attorney’s office. 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. 52.7(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). Relator has failed to provide a record to this court demonstrating his right to the relief sought. Accordingly, the 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PER CURIAM DO NOT PUBLISH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. CM968024, pending in the 187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.

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