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
- 0 1183 & F10
- 01184 

### MEMORANDUM OPINION Before Justices Lang

- Miers, Evans, and Brown

Opinion by Justice Evans On July 15, 2016, appellant filed hi s notice s of appeal in these causes. In his notice s , he states he is appeal ing the trial court’s dismissal of his “M otion for N unc P ro T unc. ” We dismiss these appeals for want of jurisdiction. “Jurisdiction concerns the power of a court to hear and deter mine 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

.

a t 523. “The standard to d etermine 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– 2

–

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 T EX

. C ODE C R IM

. P ROC

. A NN

. art. 44.02 (West 2006) (providing right of appe al for defendant); T EX

. R. A PP

. 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, th is 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 T EX

. C ODE C RIM

. P ROC

. A NN

. art s
. 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.

Do Not Publish T EX

. R. A PP

. P . 47 160835F.U05 /David Evans/ DAVID EVANS JUSTICE– 3

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT
SENRICK WILKERSON, Appellant
No. 05

- 16

- 00835

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3, Dallas County, Texas Trial Court Cause No. F10

- 01183. Opinion deliver ed by Justice Evans, Justices 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.– 4

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT
SENRICK WILKERSON, Appellant
No. 05

- 16

- 00836

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3, Dallas County, Texas Trial Court Cause No. F10

- 01184. Opinion delivered by Justice Evans, Ju stices 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.