Legal Research AI

Ex Parte Luis Angel Martinez Hernandez v. the State of Texas

Court: Court of Appeals of Texas
Date filed: 2023-12-05
Citations:
Copy Citations
Click to Find Citing Cases

                    In the
              Court of Appeals
Sixth Appellate District of Texas at Texarkana


                   No. 06-23-00207-CR




   EX PARTE LUIS ANGEL MARTINEZ HERNANDEZ




            On Appeal from the County Court
                Kinney County, Texas
               Trial Court No. 10984CR




      Before Stevens, C.J., van Cleef and Rambin, JJ.
      Memorandum Opinion by Chief Justice Stevens
                                    MEMORANDUM OPINION

        Luis Angel Martinez Hernandez appeals the trial court’s order denying his application for

a writ of habeas corpus. Because we are bound to follow the precedent of the Fourth Court of

Appeals in this transfer case, we must reverse the trial court’s order and remand the cause for

further proceedings.1

I.      Factual and Procedural Background

        As part of Operation Lone Star (OLS), Hernandez, a noncitizen, was arrested for

trespassing on private property in Kinney County, Texas. He filed an application for a writ of

habeas corpus seeking dismissal of the criminal charge based on a violation of his rights under

the United States Constitution’s Equal Protection Clause and the Texas Constitution’s Equal

Rights Amendment. See U.S. CONST. amend. XIV; TEX. CONST. art. 1, § 3(a). Specifically,

Hernandez argued that the State’s selective prosecution of men, and not similarly situated

women, for criminal trespass as part of OLS violated his state and federal equal protection rights.

        Hernandez’s application included the affidavit of Tom Schmerber, the Sheriff of

Maverick County, Texas, who swore that he “was told by [the Department of Public Safety] that

only men would be arrested on criminal trespass charges” and that “no women would be arrested

for criminal trespass.” Schmerber added, “I was told by [the Department of Public Safety] it was

their policy that women would not be arrested for criminal trespass.”




1
 Originally appealed to the Fourth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (Supp.). We follow the
precedent of the Fourth Court of Appeals in deciding this case. See TEX. R. APP. P. 41.3.
                                                       2
         Without conducting an evidentiary hearing, on August 10, 2023, the trial court denied

Hernandez’s application for a writ of habeas corpus, stating, “[U]pon review of the Application

and allegations the application for Writ to bring the defendant to the Court is denied without

hearing and requested relief is denied.”2 The order further stated, “This Court takes judicial

knowledge of the dockets over which [it] has and is presiding in Texas related to OLS and is

aware that women are being arrested in the State for OLS and OLS trespass offenses.”

II.      The Order Denying Habeas Relief Must Be Reversed Pursuant to the Precedent of
         the Fourth Court of Appeals

         Hernandez argues that the trial court erred in denying his relief on his selective-

prosecution equal protection claim, emphasizing that his claim is cognizable. See Ex parte

Antonio-Santiago, No. 04-22-00628-CR, 2023 WL 5603201, at *3 (Tex. App.—San Antonio

Aug. 30, 2023, no pet.) (mem. op., not designated for publication) (citing Ex parte Aparicio, 672

S.W.3d 696, 707, 713 (Tex. App.—San Antonio 2023, pet. granted) (en banc)). This is “the

same controlling issue” reviewed by the San Antonio Court of Appeals in prior cases. Ex parte

Barahona-Gomez, 2023 WL 6285324, at *2 (citing Ex parte Aparicio, 672 S.W.3d at 708–09);

see Ex parte Antonio-Santiago, 2023 WL 5603201, at *2. Even so, “[w]ithout conducting an



2
 As a preliminary matter, we address our jurisdiction. The trial court’s order in this case specifies that it “(1) heard
and considered [Hernandez’s] habeas application, (2) based its ruling on its [review] of the application” and its
allegations, “(3) denied it without an evidentiary hearing, and (4) explained its reasoning.” Ex parte Barahona-
Gomez, No. 04-23-00230-CR, 2023 WL 6285324, at *1 (Tex. App.—San Antonio Sept. 27, 2023, no pet.)
(mem. op., not designated for publication). As did the Fourth Court of Appeals in Ex parte Barahona-Gomez, we
conclude that the trial court ruled on the merits and that, as a result, we have jurisdiction over this appeal. Id. (citing
Ex parte Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991), superseded in part by statute as discussed in
Ex parte Villanueva, 252 S.W.3d 391, 395–96 (Tex. Crim. App. 2008), (“clarifying an appellate court has
jurisdiction over an appeal of a trial court’s denial of an application for writ of habeas corpus regardless of whether
the trial court refuses to issue the writ or conduct an evidentiary hearing if the trial court ‘under[takes] to rule on the
merits of the application’” (alteration in original))).
                                                            3
evidentiary hearing, the trial court denied [Hernandez’s] application for writ of habeas corpus

asserting his equal protection rights.”3 Ex parte Barahona-Gomez, 2023 WL 6285324, at *2.

        Following the decisions of the Fourth Court of Appeals, “we reverse and remand this

habeas proceeding for an evidentiary hearing to allow [Hernandez] to present a prima facia [sic]

case of a selective-prosecution equal protection claim.” Id. “If [Hernandez] satisfies his burden,

the State should then be allowed to present its evidence supporting why the State’s

discriminatory classification was justified . . . .” Id. (citing Ex parte Aparicio, 672 S.W.3d at

708, 715).

        “On remand, the trial court should make specific findings of fact and conclusions of law

setting out its rulings on whether [Hernandez] met his prima facia [sic] case of a selective-

prosecution equal protection claim.” Id. at *3. “If [Hernandez] satisfies his burden, the trial

court should make further findings of fact and conclusions of law whether the State met its

burden of proof to justify its discriminatory treatment of [Hernandez] at the time of his arrest.”

Id.




3
 According to the precedent of the Fourth Court of Appeals, the trial court’s conclusion was incorrect. See id.
(citing Ex parte Aparicio, 672 S.W.3d at 716).
                                                      4
III.   Disposition

       We reverse the trial court’s order denying Hernandez’s requested relief on his application

for a writ of habeas corpus and remand the cause for further proceedings consistent with the

precedent of the Fourth Court of Appeals.




                                            Scott E. Stevens
                                            Chief Justice

Date Submitted:       November 29, 2023
Date Decided:         December 5, 2023

Do Not Publish




                                               5