                                    NUMBER 13-08-118-CR

                                    COURT OF APPEALS

                       THIRTEENTH DISTRICT OF TEXAS

                          CORPUS CHRISTI - EDINBURG
_______________________________________________________

            IN RE: DONALD WAYNE THIELEMAN
_______________________________________________________

              On Petition for Writ of Mandamus
_______________________________________________________

                                MEMORANDUM OPINION

                       Before Justices Yañez, Rodriguez, and Vela
                           Per Curiam Memorandum Opinion1

        Relator, Donald Wayne Thieleman, filed a petition for writ of mandamus in the

above cause on January 18, 2008. However, the party filing a petition for a writ of

mandamus bears the burden of providing the court with a sufficient record to establish the

petitioner's right to mandamus relief. TEX . R. APP. P. 52.7. The rules that govern our

review of relator's petition require, for example, that the petition be accompanied by 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 id. at rule 52.7(a)(1); see also id. at rule



        1
          See T EX . R . A PP . P . 5 2 .8 (d ) ("W hen denying relief, the court m ay hand dow n an opinio n but
is not required to do so."); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
52.3(j) (required contents of appendix to petition include certified or sworn copy of "any

order complained of"). Relator has not submitted an appendix or any other material

constituting a record to support his petition. He, therefore, cannot demonstrate that the

trial court has abused its discretion or violated a duty imposed by law.

       The Court, having examined and fully considered the petition for writ of mandamus,

is of the opinion that relator has not shown himself entitled to the relief sought.

Accordingly, relator's petition for writ of mandamus is denied. See id. at rule 52.8(a).

                                                        PER CURIAM

Do not publish.
T EX . R. A PP. P. 47.2(b).

Memorandum Opinion delivered and filed
this 25th day of March, 2008.




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