Sergio Guadal Maresmartinez v. The State of Texas

Summary

The Second Court of Appeals of Texas dismissed Sergio Guadal Maresmartinez’s attempted appeal from convictions for sexual assault of a child and indecency with a child because his notice of appeal was untimely. Although the Court of Criminal Appeals had granted permission for an out-of-time appeal, Maresmartinez had not filed a new notice of appeal as required, leaving the appellate court without jurisdiction.

Holdings

1. A timely notice of appeal is an essential component of the court of appeals' jurisdiction; because appellant's notice was untimely, the court lacked jurisdiction and had to dismiss the appeal.
2. An order granting an out-of-time appeal does not preserve the untimely existing appeal; the appellant must file a new notice of appeal to begin the appellate process.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal filed after the deadline for filing a notice of appeal.
2. Whether appellant's response, including his assertion that the Court of Criminal Appeals had granted permission for an out-of-time appeal, established grounds for continuing the existing appeal.

Disposition

dismissed