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 
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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.

Do Not Publish

TEX. R. APP. P. 47

160835F.U05

/David Evans/

DAVID EVANS

JUSTICE
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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 delivered 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.
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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, 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.