SAREGUI-MENDOZA, EX PARTE HECTOR v. the State of Texas

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NOS. PD-0740-23, PD-0784-23 & PD-0792-23

EX PARTE FERNANDO ROQUIEL TOPOF, HECTOR SAREGUI-MENDOZA &
BILLY RODOLFO RAMIREZ, Appellees

ON STATE’S PETITIONS FOR DISCRETIONARY REVIEW
FROM THE SAN ANTONIO COURT OF APPEALS
WEBB COUNTY

Per curiam. YEARY, J., dissented.

OPINION

In each of these cases, Appellee 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 granted relief, the State appealed, and the

court of appeals affirmed the trial court’s ruling granting relief.1

1
Ex parte Roquiel-Topof, No. 04-22-00691-CR (Tex. App.—San Antonio August 30,
2023); Ex parte Saregui-Mendoza, No. 04-22-00693-CR (Tex. App.—San Antonio September
The State has filed a petition for discretionary review in each case, challenging the

court of appeals’ holding that Appellee’s claim is cognizable in a pretrial habeas

application. 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 Appellee 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.

DATE DELIVERED: DECEMBER 11, 2024
DO NOT PUBLISH

13, 2023); Ex parte Ramirez, No. 04-22-00692-CR (Tex. App.—San Antonio September 27,
2023).