DISMISSED; Opinion Filed August 10, 2016.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00835-CR
No. 05-16-00836-CR
SENRICK WILKERSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F10-01183 & F10-01184
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Brown
Opinion by Justice Evans
On July 15, 2016, appellant filed his notices of appeal in these causes. In his notices, he
states he is appealing the trial court’s dismissal of his “Motion for Nunc Pro Tunc.” We dismiss
these appeals for want of jurisdiction.
“Jurisdiction concerns the power of a court to hear and determine a case.” Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be
legally invoked, and, if not, the power of the court to act is as absent as if it did not exist. See id.
at 523. “The standard to determine whether an appellate court has jurisdiction to hear and
determine a case ‘is not whether the appeal is precluded by law, but whether the appeal is
authorized by law.’” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting
Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). The right to appeal in a
criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex.
Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). See also TEX.
CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant); TEX.
R. APP. P. 25.2(a)(2) (rules for appeal by defendant). Appellate courts may consider appeals by
criminal defendants only after conviction or the entry of an appealable order. See Wright v.
State, 969 S.W.2d 588, 589 (Tex. App.–Dallas 1998, no pet.).
Although appellant claims he filed, and the trial court dismissed, his motion nunc pro
tunc, the trial court has not ruled on appellant’s motions. Absent written orders, this Court has
no jurisdiction. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.–Dallas 1985, no pet.).
As this Court has stated previously, (1) we have no jurisdiction over an appeal absent a written
judgment or appealable order, and (2) the only avenue for collaterally attacking a final felony
conviction is by application for post-conviction writ of habeas corpus and we have no
jurisdiction over such proceedings. See TEX. CODE CRIM. PROC. ANN. arts. 11.05, 11.07 (West
2015) (habeas corpus); Nikrasch, 698 S.W.2d at 450 (judgment or written appealable order).
We dismiss these appeals for want of jurisdiction.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
160835F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SENRICK WILKERSON, Appellant On Appeal from the Criminal District Court
No. 3, Dallas County, Texas
No. 05-16-00835-CR V. Trial Court Cause No. F10-01183.
Opinion delivered by Justice Evans, Justices
THE STATE OF TEXAS, Appellee Lang-Miers and Brown participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 10th day of August, 2016.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SENRICK WILKERSON, Appellant On Appeal from the Criminal District Court
No. 3, Dallas County, Texas
No. 05-16-00836-CR V. Trial Court Cause No. F10-01184.
Opinion delivered by Justice Evans, Justices
THE STATE OF TEXAS, Appellee Lang-Miers and Brown participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 10th day of August, 2016.
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