GOMEZ, EX PARTE ISAAC BARAHONA v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. PD-0154-24

EX PARTE ISAAC BARAHONA GOMEZ, Appellant

ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE SAN ANTONIO COURT OF APPEALS
KINNEY COUNTY

Per curiam. YEARY, J., dissented.

OPINION

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. The trial court

denied relief, Appellant appealed, and the court of appeals reversed the trial court’s ruling

denying relief.1

1
Ex parte Gomez, No. 04-23-00230-CR (Tex. App.—San Antonio September 27, 2023).
The State has filed a petition for discretionary review, challenging the court of

appeals’ holding that Appellant’s claim is cognizable in a pretrial habeas application. The

State also argues that the court of appeals erred in remanding Appellant’s case. 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:

Did Appellant make a prima facie showing that he was arrested and prosecuted
because of his gender?

Accordingly, 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 petition is refused. No motion for

rehearing will be entertained, and the Clerk is instructed to immediately issue mandate.

DATE DELIVERED: DECEMBER 11, 2024
DO NOT PUBLISH