Sergio Guadal Maresmartinez v. the State of Texas

Opinion

In the

Court of Appeals Second Appellate District of Texas at Fort Worth

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No. 02-26-00073-CR

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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).

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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