Opinion
No. 05-16-00197-CR No. 05-16-00198-CR No. 05-16-00199-CR
03-03-2016
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. F08-60213-J, F10-01183-J, F10-01184-J
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Myers, and Justice Brown
Opinion by Chief Justice Wright
The Court once again has before it appellant's attempt to appeal the trial court's ruling, or lack thereof, on a motion that amounts to a collateral attack on his convictions for compelling prostitution, sexual performance by a child, and sexual assault of a child. 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. P. ANN. arts. 11.05, 11.07 (West 2015) (habeas corpus); Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.—Dallas 1985, no pet.) (judgment or written appealable order).
Appellants convictions were affirmed on direct appeal. Wilkerson v. State, Nos. 05-11-00060-00062-CR, 2012 WL 2877623 (Tex. App.-Dallas July 16, 2012, pet. ref'd).
Over the course of the last two years, appellant has filed many appeals and original mandamus proceedings, each raising issues that are in substance collateral attacks on his convictions.
We note that the Texas Court of Criminal Appeals recently, as to the sexual performance by a child conviction, held appellant in abuse of the writ process under article 11.07, section 4. The Court barred appellant from filing further applications for writ of habeas corpus absent a showing the claims raised in any new application were not previously raised and could not have been presented in a previous application for writ of habeas corpus. Ex parte Wilkerson, No. WR-77,138-42, 2016 WL 675503 (Tex. Crim. App. Feb. 17, 2016). The ruling by the court of criminal appeals regarding applications for writ of habeas corpus does not vest this Court with either original or appellate jurisdiction to review collateral attacks by appellant on his convictions. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2015). --------
We dismiss the appeals for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47 160197F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 3, Dallas County, Texas
Trial Court Cause No. F08-60213-J.
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 3rd day of March, 2016.
JUDGMENT
On Appeal from the Criminal District Court No. 3, Dallas County, Texas
Trial Court Cause No. F10-01183-J.
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 3rd day of March, 2016.
JUDGMENT
On Appeal from the Criminal District Court No. 3, Dallas County, Texas
Trial Court Cause No. F10-01184-J.
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 3rd day of March, 2016.