CourtListener 10302952•LOPEZ, EX PARTE LUIS GUSTAVO GARCIA v. the State of Texas
LOPEZ, EX PARTE LUIS GUSTAVO GARCIA v. the State of Texas
CourtListener 10302952Texcrimapp11 de dez. de 2024
Texto completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0515-24
EX PARTE LUIS GUSTAVO GARCIA LOPEZ, Appellant
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE DALLAS 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 affirmed the trial court’s ruling
denying relief.1
1
Ex parte Lopez, No. 05-24-00082-CR (Tex. App.—Dallas March 27, 2024).
Appellant has filed a petition for discretionary review, arguing that the court of
appeals applied the wrong standard when reviewing his equal protection claim. 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. Appellant’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DO NOT PUBLISH
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