Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00626-CR
EX PARTE Abraham VASQUEZ-MARQUEZ
From the County Court at Law No.1, Webb County, Texas
Trial Court No. 2022CRB000721L1
Honorable Leticia Martinez, Judge Presiding 1
Opinion by: Irene Rios, Justice
Sitting: Irene Rios, Justice
Beth Watkins, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 27, 2023
REVERSED AND REMANDED
Appellant Abraham Vasquez-Marquez appeals the trial court’s order denying him habeas
relief. We reverse the trial court’s order and remand the case for further proceedings consistent
with this opinion.
BACKGROUND
As part of Operation Lone Star, Vasquez-Marquez, a noncitizen, was arrested for
trespassing on private property in Webb 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, Vasquez-Marquez argued the State of Texas was engaging in selective
1
The Honorable Hugo D. Martinez is the judge of the Webb County Court at Law Number One. Associate Judge
Leticia Martinez signed the order denying the habeas corpus relief at issue in this appeal.
04-22-00626-CR
prosecution in violation of the U.S. Constitution’s Equal Protection Clause and the Texas
Constitution’s Equal Rights Amendment because only men were being charged with misdemeanor
criminal trespass. See U.S. CONST. amend. XIV; TEX. CONST. art. I, § 3(a). The trial court denied
Vasquez-Marquez’s requested relief, and he appealed.
DISCUSSION
The habeas proceeding in this appeal occurred concurrently with the proceeding we
reviewed in Ex parte Vazquez-Bautista, No. 04-22-00630-CR, 2023 WL 8440339, at *1 (Tex.
App.—San Antonio Dec. 6, 2023, no pet. h.) (en banc). On appeal, Vasquez-Marquez is asserting
the same arguments the appellant asserted in that appeal. See id. at *1–2. Because this appeal
involves the same arguments and same evidentiary record as Vazquez-Bautista, for the reasons
explained in that opinion, we reverse the trial court’s order and remand the cause to the trial court
with instructions to discharge Vasquez-Marquez from bail and dismiss the information in the
underlying proceeding with prejudice. See id. at *1–2, 6.
Irene Rios, Justice
Do not publish
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