Ex Parte: Joan Sebastian Pena-Cortes v. the State of Texas
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Opinion
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
§ No. 08-23-00204-CR
EX PARTE: § Appeal from the
JOAN SEBASTIAN PEÑA-CORTES, § County Court
Appellant. § of Kinney County, Texas
§ (TC# 11945CR)
JUDGMENT
The Court, considering this cause as a petition for a writ of mandamus, remands to the trial
court for it to consider Joan Sebastian Peña-Cortes’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 Peña-Cortes 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 Peña-Cortes’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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