The State of Texas v. Ivan Galindo-Chavez
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Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION
No. 04-22-00738-CR
The STATE of Texas, Appellant
v.
Ivan GALINDO-CHAVEZ, Appellee
From the 49th Judicial District Court, Zapata County, Texas Trial Court No. 11,799 Honorable Jose A. Lopez, Judge Presiding
Opinion by: Luz Elena D. Chapa, Justice
Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice
Delivered and Filed: October 4, 2023
AFFIRMED
The State appeals the trial court’s order granting Ivan Galindo-Chavez habeas relief. We
affirm the trial court’s order.
BACKGROUND
As part of Operation Lone Star (“OLS”), Galindo-Chavez, 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 04-22-00738-CR
to equal protection. Specifically, Galindo-Chavez argued the State of Texas was engaging in
selective prosecution because only men were being charged with misdemeanor criminal trespass.
On September 14, 2022, the trial court held a hearing and heard testimony from Claudia
Molina of the Lubbock Private Defender’s Office (“LPDO”), who testified Galindo-Chavez had
been arrested on August 5, 2022 for criminal trespass as part of OLS. According to Molina, she
was unaware of any women who have been prosecuted for misdemeanor trespass as part of OLS,
and based on a report concerning OLS cases with appointed counsel through the LPDO, none of
the five thousand trespass cases involved women. The trial court granted Galindo-Chavez’s
requested relief, and the State appealed.
DISCUSSION
The habeas proceeding in this appeal occurred concurrently with the proceeding we
reviewed 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.). On appeal, the State is asserting the same arguments
it asserted in that appeal. See id. at *2–3. Because this appeal involves the same arguments and
same evidentiary record as State v. Del Campo-Chavez, for the reasons explained in that opinion,
we affirm the trial court’s order granting habeas relief. See id.
Luz Elena D. Chapa, Justice
Do Not Publish
-2-
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