Senrick Shern Wilkerson v. State
05-15-01046-CR
| Tex. App. | Sep 3, 2015Background
- Appellant Senrick Wilkerson was previously convicted of sexual performance by a child and sexual assault of a child; those convictions and prior post-conviction DNA testing denials were affirmed on appeal.
- Wilkerson filed a motion in the trial court titled a "motion for petition for bill of review," apparently seeking to collaterally attack the final felony judgments.
- The trial court did not issue any written order ruling on that motion; Wilkerson filed notices of appeal from the trial court’s presumed denial.
- The Court of Appeals considered whether it had jurisdiction to hear an appeal from the trial court’s presumed denial of that motion.
- The court treated the filing as a collateral attack on the final judgments and addressed whether an appeal was an authorized remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals has jurisdiction to hear an appeal from the trial court’s presumed denial of a motion styled as a bill of review | Wilkerson sought review of the trial court’s (presumed) denial and proceeded by notice of appeal | The notice of appeal does not invoke appellate jurisdiction because the filing is a collateral attack on a final felony judgment and no appealable order was entered | Dismissed for want of jurisdiction; appeal not authorized |
| Proper procedural avenue to collaterally attack final felony convictions | Wilkerson’s change in the document’s title should not alter available remedies | Post-conviction habeas corpus under the Texas Code of Criminal Procedure is the exclusive procedure; appellate courts lack jurisdiction over those proceedings | The statutory post-conviction habeas procedure is the sole avenue; appellate court has no jurisdiction over such collateral attacks |
Key Cases Cited
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (jurisdiction is the court’s power to hear and determine a case)
- Blanton v. State, 369 S.W.3d 894 (Tex. Crim. App. 2012) (appeal must be authorized by law, not merely precluded)
- Abbott v. State, 271 S.W.3d 694 (Tex. Crim. App. 2008) (standard for determining appellate jurisdiction)
- McKinney v. State, 207 S.W.3d 366 (Tex. Crim. App. 2006) (right to appeal in criminal cases is statutorily created)
- Griffin v. State, 145 S.W.3d 645 (Tex. Crim. App. 2004) (appellate jurisdiction limited to convictions or appealable orders)
- Wright v. State, 969 S.W.2d 588 (Tex. App.—Dallas 1998, no pet.) (appellate review only after conviction or entry of an appealable order)