Senrick Wilkerson v. State ( 2014 )

Dismiss and Opinion Filed February 13, 2014
Court of Appeals
S In The
Fifth District of Texas at Dallas
No. 05-14-00166-CR
No. 05-14-00167-CR
No. 05-14-00168-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. F08-60213-J, F10-01183-J, F10-01184-J
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Brown
Opinion by Justice Bridges
Senrick Wilkerson was convicted of compelling prostitution, sexual assault of a child,
and sexual performance of a child. Sentence in each was as set at eight years’ imprisonment and
was imposed in open court on December 17, 2010. Appellant’s convictions were affirmed on
direct appeal. Wilkerson v. State, Nos. 05-11-00060/00061/00062-CR (Tex. App.––Dallas July
16, 2012, pet. ref’d).1 The Court now has before it appellant’s February 10, 2014 “request to
take leave of court and proceed with an out of time appeal.”
1
In trial court nos. F10-01183-J and F10-01184-J, appellant currently has pending appeals from the trial court’s order denying his motion
for post-conviction DNA testing. Those appeals are docketed as cause nos. 05-14-00007-CR and 05-14-00008-CR. Nothing in this opinion
impacts those appeals.
“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. To invoke the Court’s jurisdiction an appellant must file his notice of appeal within the
time period provided by the rules of appellate procedure. See id.; see also Slaton v. State, 981
S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam).
Appellant’s February 10, 2014 notice of appeal is untimely as to his December 17, 2010
sentencing date and this Court has no authority to grant appellant an out-of-time appeal. See
generally TEX. R. APP. P. 26.2(a) (time for filing notice of appeal); Slaton, 981 S.W.2d at 210;
Olivo, 918 S.W.2d at 523.
We dismiss the appeals for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140166F.U05
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S
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. 05-14-00166-CR V. Trial Court Cause No. F08-60213-J.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered February 13, 2014
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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S
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. 05-14-00167-CR V. Trial Court Cause No. F10-01183-J.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered February 13, 2014
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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S
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. 05-14-00168-CR V. Trial Court Cause No. F10-01184-J.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered February 13, 2014
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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