CourtListener 10302948•REYES-JUAREZ; EX PARTE LUIS FERNANDO v. the State of Texas
REYES-JUAREZ; EX PARTE LUIS FERNANDO v. the State of Texas
CourtListener 10302948Texcrimapp11.12.2024
Gesamter Gesetzestext
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. PD-0107-24, PD-0411-24, PD-0412-24 & PD-0413-24
EX PARTE WILMER RAMOS-MORALES, EX PARTE ALVARO ORDUNA-
ARELLANO, LUIS FERNANDO REYES-JUAREZ & MIGUEL ANGEL MELO-
SANCHEZ, Appellants
ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW
FROM THE EL PASO COURT OF APPEALS
KINNEY COUNTY
Per curiam. YEARY, J., dissented.
OPINION
In each of these cases, Appellant was arrested for trespassing on private property.
See TEX. PENAL CODE § 30.05(a). He filed a pretrial application for a writ of habeas
corpus, arguing that the State was selectively prosecuting him in violation of his equal
protection rights. In each case, the trial court denied relief, Appellant appealed, and the
court of appeals reversed the trial court’s ruling denying relief and remanded the case to
the trial court with instructions to dismiss the case.1
The State has filed a petition for discretionary review in each case, challenging the
court of appeals’ holding that Appellant’s claim is cognizable in a pretrial habeas
application. In cause number PD-0107-24, the State also argues that the court of appeals
erred by ordering Appellant’s discharge rather than remanding the case for further
development of the record. We recently handed down our opinion in Ex parte Aparicio,
No. PD-0461-23, ___ S.W.3d ___ (Tex. Crim. App. October 9, 2024), in which we held
that Aparicio’s selective prosecution claim was cognizable in a pretrial habeas
application. We also held that Aparicio did not make a prima facie showing that he was
arrested and prosecuted because of his gender.
Consistent with our opinion in Aparicio, we grant review on our own motion of the
following ground in each case:
Did Appellant make a prima facie showing that he was arrested and prosecuted
because of his gender?
Accordingly, in each case, we vacate the judgment of the court of appeals and remand the
case to that court in light of our opinion in Aparicio. The State’s petitions are refused. No
motions for rehearing will be entertained, and the Clerk is instructed to immediately issue
mandate.
1
Ex parte Ramos-Morales, No. 08-23-00282-CR (Tex. App.—El Paso December 20,
2023); Ex parte Orduna-Arellano, No. 08-23-00233-CR (Tex. App.—El Paso January 12, 2024);
Ex parte Reyes-Juarez, No. 08-23-00295-CR (Tex. App.—El Paso January 12, 2024); Ex parte
Melo-Sanchez, No. 08-23-00301-CR (Tex. App.—El Paso January 12, 2024).
DATE DELIVERED: DECEMBER 11, 2024
DO NOT PUBLISH
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