Ex Parte: German De Jesus Rodriguez Delgado v. the State of Texas
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Opinion
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
§ No. 08-23-00200-CR
EX PARTE: § Appeal from the
GERMAN DE JESUS RODRIGUEZ- § County Court DELGADO, § of Kinney County, Texas Appellant. § (TC# 11903CR)
JUDGMENT
The Court, considering this cause as a petition for a writ of mandamus, remands to the trial
court for it to consider German De Jesus Rodriguez-Delgado’s application for a pretrial writ of
habeas corpus on the merits in light of the Fourth Court of Appeals’ holding in Aparicio and its
progeny, and determine whether—at the time Rodriguez-Delgado was arrested and charged with
criminal trespass—the State was applying the criminal trespass statute under Operation Lone Star
in an unconstitutional manner by selectively prosecuting males only, without justification.
We deny the petition for writ of mandamus without prejudice to Rodriguez-Delgado’s
ability to seek relief, if necessary, after the trial court has had an opportunity to reconsider its
ruling.
IT IS SO ORDERED THIS 30TH DAY OF NOVEMBER 2023.
LISA J. SOTO, Justice
Before Palafox, and Soto, JJ., and Marion, C.J. (Ret.) Marion, C.J., (Ret.) sitting by assignment
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