Full Opinion (html_with_citations)

                                     COURT OF APPEALS
                                  EIGHTH DISTRICT OF TEXAS
                                       EL PASO, TEXAS

                                                  §               No. 08-23-00196-CR

 EX PARTE:                                        §                     Appeal from

 DAVID CAYETANO-VAZQUEZ,                          §                 the County Court

                                   Appellant.     §             of Kinney County, Texas

                                                  §                 (TC# 11472CR)

                                         JUDGMENT

          The Court, treating this cause as a petition for a writ of mandamus, remands to the trial

court for it to consider David Cayetano-Vazquez’s application for a pretrial writ of habeas corpus

on the merits in light of the Fourth Court of Appeals’ holding in Aparicio and its progeny, and

determine whether—at the time Cayetano-Vazquez was arrested and charged with criminal

trespass—the State was applying the criminal trespass statute under Operation Lone Star in an

unconstitutional manner by selectively prosecuting males only, without justification.

          We deny the petition for writ of mandamus without prejudice to Cayetano-Vazquez’s

ability to seek relief, if necessary, after the trial court has had an opportunity to reconsider its

ruling.

          IT IS SO ORDERED THIS 12TH DAY OF DECEMBER 2023.


                                                LISA J. SOTO, Justice

Before Palafox, and Soto, JJ., and Marion, C.J. (Ret.)
Marion, C.J., (Ret.) sitting by assignment