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DO NOT PUBLISH
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