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PER CURIAM DO NOT PUBLISH

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.