The State of Texas v. Gustavo Velazquez-Cruz

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-22-00742-CR

The STATE of Texas, Appellant

v.

Gustavo VELAZQUEZ-CRUZ, Appellee

From the 49th Judicial District Court, Zapata County, Texas Trial Court No. 11,803 Honorable Jose A. Lopez, Judge Presiding

Opinion by: Lori I. Valenzuela, Justice

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Lori I. Valenzuela, Justice

Delivered and Filed: September 13, 2023

AFFIRMED

The State appeals the trial court’s order granting Gustavo Velazquez-Cruz’s habeas relief.

We affirm.

BACKGROUND

As part of Operation Lone Star, Gustavo Velazquez-Cruz, a noncitizen, was arrested for

trespassing on private property in Zapata County. He filed an application for writ of habeas corpus

seeking dismissal of the criminal charge based on a violation of his state and federal rights to equal

protection. Specifically, Velasquez-Cruz asserted that the State of Texas was engaging in selective 04-22-00742-CR

prosecution because only men were being charged with misdemeanor criminal trespass. The trial

court granted Velazquez-Cruz’s requested relief, and the State appealed.

DISCUSSION

The habeas proceeding in this appeal occurred concurrently with the proceeding in State v.

Del Campo-Chavez, No. 04-22-00737-CR, 2023 WL 4916433, at *1 (Tex. App.—San Antonio

Aug. 2, 2023, no pet. h.). This appeal involves the same arguments and evidence on the same

record as that opinion. For the reasons described in that opinion, we affirm the trial court’s order

granting habeas relief.

Lori I. Valenzuela, Justice

DO NOT PUBLISH

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