What did the court decide?

The court dismissed the appeal because the notice of appeal was filed too late and a timely notice is required for the appellate court to have jurisdiction.

Who is affected by this decision?

Appellant Sergio Guadal Maresmartinez is directly affected because his appeal of the convictions will not proceed in this court unless jurisdiction is later restored.

Can this dismissal be undone?

Possibly, if the Court of Criminal Appeals grants him permission for an out-of-time appeal under Article 11.07; without such relief the appellate court lacks jurisdiction.

What happens next procedurally?

The dismissal leaves the trial court’s convictions and sentences in place unless Maresmartinez obtains postconviction relief such as a successful Article 11.07 application.

Sergio Guadal Maresmartinez v. the State of Texas

Docket 02-26-00073-CR

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 2nd District (Fort Worth)
Type: Lead Opinion
Case type: Criminal Appeal
Disposition: Dismissed
Docket: 02-26-00073-CR

Appeal from a criminal conviction and sentence in the 372nd District Court of Tarrant County, Texas

Summary

The Second Court of Appeals at Fort Worth dismissed Sergio Guadal Maresmartinez’s appeal of his convictions for two counts of sexual assault of a child and two counts of indecency with a child because his notice of appeal was untimely. His sentence was imposed June 29, 2023, and without a motion for new trial his notice of appeal was due July 31, 2023. He filed his notice on February 27, 2026. The court concluded that timely filing of a notice of appeal is essential to its jurisdiction and that Maresmartinez’s response did not show any grounds for continuing the appeal or authorization for an out-of-time appeal.

Issues Decided

Whether the appellate court has jurisdiction over an appeal filed long after the deadline for filing a timely notice of appeal
Whether an appellate court may proceed before the Court of Criminal Appeals has granted an out-of-time appeal under Article 11.07

Court's Reasoning

The court reasoned that Maresmartinez’s notice of appeal was filed well beyond the deadline that applies when no motion for new trial is filed, so the appeal was untimely. Timely filing of a notice of appeal is an essential jurisdictional requirement for the appellate court. Although Maresmartinez asserted he had applied for an out-of-time appeal under Article 11.07, the Court of Criminal Appeals had not granted relief, so that pending application did not cure the untimeliness.

Authorities Cited

Texas Rules of Appellate Procedure Rule 26.2(a)
Texas Rules of Appellate Procedure Rule 43.2(f)
Slaton v. State981 S.W.2d 208 (Tex. Crim. App. 1998)

Parties

Appellant: Sergio Guadal Maresmartinez
Appellee: The State of Texas
Judge: Birdwell, Bassel, and Womack, JJ. (Per Curiam)

Key Dates

Sentence imposed: 2023-06-29
Deadline for notice of appeal (no motion for new trial): 2023-07-31
Notice of appeal filed: 2026-02-27
Court of Appeals decision delivered: 2026-04-16

What You Should Do Next

1
Seek relief from the Court of Criminal Appeals
If not already granted, file or pursue an Article 11.07 application asking the Court of Criminal Appeals to allow an out-of-time appeal; obtain a ruling before attempting to reinstate this appeal.
2
Consult criminal defense counsel
Work with an attorney experienced in postconviction relief to evaluate grounds for an out-of-time appeal or other collateral remedies and to ensure filings meet procedural requirements.
3
Confirm filings and deadlines
Ensure all future notices and postconviction petitions are filed within applicable deadlines and follow the required procedures to avoid further jurisdictional dismissals.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the notice of appeal was filed too late and a timely notice is required for the appellate court to have jurisdiction.
Who is affected by this decision?: Appellant Sergio Guadal Maresmartinez is directly affected because his appeal of the convictions will not proceed in this court unless jurisdiction is later restored.
Can this dismissal be undone?: Possibly, if the Court of Criminal Appeals grants him permission for an out-of-time appeal under Article 11.07; without such relief the appellate court lacks jurisdiction.
What happens next procedurally?: The dismissal leaves the trial court’s convictions and sentences in place unless Maresmartinez obtains postconviction relief such as a successful Article 11.07 application.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

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

No. 02-26-00073-CR
___________________________

SERGIO GUADAL MARESMARTINEZ, Appellant

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