The State of Texas v. Hector Saregui-Mendoza ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00693-CR
The STATE of Texas,
Appellant
v.
Hector SAREGUI-MENDOZA,
Appellee
From the 49th Judicial District Court, Webb County, Texas
Trial Court No. 2022CVK001353D1
Honorable Jose A. Lopez, Judge Presiding
Opinion by: Rebeca C. Martinez, Chief Justice
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: September 13, 2023
AFFIRMED
The State appeals the trial court’s order granting Hector Saregui-Mendoza habeas relief. We
affirm.
BACKGROUND
As part of Operation Lone Star, Saregui-Mendoza, 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, Saregui-Mendoza asserted that the State of Texas was engaging in
04-22-00693-CR
selective prosecution because only men were being charged with misdemeanor criminal trespass.
After holding a hearing at which the State argued the claim was not cognizable, the trial court
granted his requested relief. The State appeals. We affirm.
DISCUSSION
In State v. Del Campo-Chavez, we considered a State’s appeal from a grant of habeas relief
to a male OLS defendant who sought dismissal of his misdemeanor criminal trespass charge on
equal protection grounds. ___ S.W.3d ___, No. 04-22-00737-CR, 2023 WL 4916433, at *2 (Tex.
App.—San Antonio Aug. 2, 2023, no pet. h.). Del Campo-Chavez argued the State selectively
prosecuted him on the basis of his gender. See id. The State responded that the trial court lacked
jurisdiction, Del Campo-Chavez’s equal protection claim based on gender was not cognizable, and
Del Campo-Chavez failed to carry his burden to prove the prosecution was motivated by a
discriminatory purpose. See id. (citing Ex parte Aparicio, No. 04-22-00623-CR, 2023 WL
4095939, at *1, *8–12 (Tex. App.—San Antonio June 21, 2023, pet. filed) (en banc); Ex parte
Hargett, 819 S.W.2d 866, 869 (Tex. Crim. App. 1991), superseded by statute on other grounds as
stated in Ex parte Villanueva, 252 S.W.3d 391, 397 (Tex. Crim. App. 2008)). Relying on Ex parte
Aparicio, we rejected the State’s arguments and affirmed the trial court’s order. Id. at *2, 3.
The State’s claims in this case are identical to those we addressed in Del Campo-Chavez.
For the reasons described in that opinion, and in Ex parte Aparicio, we affirm the trial court’s order
granting habeas relief.
Rebeca C. Martinez, Chief Justice
DO NOT PUBLISH
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