The State of Texas v. Aldo Galindo-Zamora

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00739-CR The STATE of Texas, Appellant v. Aldo GALINDO-ZAMORA, Appellee From the 49th Judicial District Court, Zapata County, Texas Trial Court No. 11,800 Honorable Jose A. Lopez, Judge Presiding Opinion by: Irene Rios, Justice Sitting: Patricia O. Alvarez, Justice Irene Rios, Justice Lori I. Valenzuela, Justice Delivered and Filed: September 27, 2023 AFFIRMED The State appeals the trial court’s order granting Aldo Galindo-Zamora’s habeas relief. We affirm. BACKGROUND As part of Operation Lone Star, Aldo Galindo-Zamora, 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, Galindo-Zamora asserted that the State of Texas was engaging in selective 04-22-00739-CR prosecution because only men were being charged with misdemeanor criminal trespass. The trial court granted Galindo-Zamora’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. Irene Rios, Justice DO NOT PUBLISH -2-