Opinion
No. 05-17-00624-CR No. 05-17-00625-CR
06-22-2017
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-J & F10-01184-J
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Myers, and Justice Brown
Opinion by Chief Justice Wright
Senrick Wilkerson was convicted in December 2010 of sexual performance by a child and sexual assault of a child. The trial court assessed punishment at eight years in prison in each case. This Court affirmed the convictions on direct appeal. Wilkerson v. State, 2012 WL 2877623, at *7 (Tex. App.-Dallas July 16, 2012, pet. ref'd) (not designated for publication).
On May 11, 2017, appellant filed a document entitled "Petitioner Requesting Relief from Judgment Pursuant to Rule 60(b)(1)(2)(3)" in the trial court. In the document, appellant challenges his original convictions, contending that under the Federal Rules of Evidence, he is entitled to relief. Thereafter, on June 7, 2017, appellant filed a notice of appeal from his "Petition Requesting Relief from Judgment Pursuant to Rule 60(b)(1)(2)(3)." We conclude we lack jurisdiction over these appeals.
The trial court has not ruled on appellant's May 11 "petition." Only after a conviction or the entry of an appealable order can the appellate court consider appeals filed by a criminal defendant. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.-Dallas 1998, no pet.). Because there is no written order granting or denying appellant's petition, we lack jurisdiction. See Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.-Dallas 1985, no pet.); see also Wilkerson v. State, 2017 WL 2350968, at *1 (Tex. App.-Dallas May 31, 2017, no pet. h); Wilkerson v. State, 2016 WL 4249139, at *1 (Tex. App.-Dallas Aug. 10, 2016, no pet.).
We dismiss these appeals for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
170624F.U05
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 this appeal for want of jurisdiction. Judgment entered June 22, 2017.
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 this appeal for want of jurisdiction. Judgment entered June 22, 2017.