Sergio Guadal Maresmartinez v. the State of Texas

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: April 16, 2026
• Docket: 02-26-00073-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-26-00073-CR ___________________________

SERGIO GUADAL MARESMARTINEZ, Appellant

V.

THE STATE OF TEXAS

On Appeal from the 372nd District Court Tarrant County, Texas Trial Court No. 1665547

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Sergio Guadal Maresmartinez attempts to appeal his conviction for

two counts of sexual assault of a child and two counts of indecency with a child by

sexual contact. See Tex. Penal Code Ann. §§ 21.11, 22.011(a)(2). Maresmartinez’s

sentence was imposed on June 29, 2023. He did not file a motion for new trial,

making his notice of appeal due by July 31, 2023. See Tex. R. App. P. 26.2(a); see also

Tex. R. App. P. 4.1 (extending filing deadline when last day falls on a Saturday or

Sunday). However, Maresmartinez did not file his notice of appeal until February 27,

2026, making it untimely. See Tex. R. App. P. 26.2(a).

We notified Maresmartinez of our concern that we lack jurisdiction over this

appeal because his notice of appeal was untimely. We warned him that unless he filed

a response showing grounds for continuing the appeal, it could be dismissed for want

of jurisdiction. See Tex. R. App. P. 44.3. Maresmartinez filed a response, but it does

not show grounds for continuing the appeal.1

Because Maresmartinez’s appeal was untimely and because a timely notice of

appeal is an essential component of our jurisdiction, we dismiss this appeal for want

1 In his response, Maresmartinez asserts that he has filed an Article 11.07 application for writ of habeas corpus requesting an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07. But because the Court of Criminal Appeals has not ruled on his application or granted him permission to file an out-of-time appeal, his February 27, 2026 notice of appeal was untimely, and we do not have jurisdiction over this appeal. See Hess v. State, No. 05-00-00653-CR, 2000 WL 1711749, at *1 (Tex. App.—Dallas Nov. 14, 2000, no pet.) (mem. op., not designated for publication); cf. Ford v. State, No. 06-24-00061-CR, 2024 WL 2279844, at *1 n.2 (Tex. App.— Texarkana May 21, 2024, no pet.) (mem. op., not designated for publication).

2 of jurisdiction. See Tex. R. App. P. 26.2(a), 43.2(f); Slaton v. State, 981 S.W.2d 208, 210

(Tex. Crim. App. 1998).

Per Curiam

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: April 16, 2026