Ex Parte: Juan Cortes-Fernandez v. the State of Texas
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Opinion
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
§ No. 08-23-00201-CR
EX PARTE: § Appeal from the
JUAN CORTES-FERNANDEZ, § County Court
Appellant. § of Kinney County, Texas
§ (TC# 11946CR)
JUDGMENT
The Court, considering this cause as a petition for a writ of mandamus, remands to the trial
court for it to consider Juan Cortes-Fernandez’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 Cortes-Fernandez 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 Cortes-Fernandez’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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