Welton Wilkerson v. The State of Texas

Summary

The Tenth Court of Appeals of Texas dismissed Welton Wilkerson’s appeal from a conviction for possession of a controlled substance for want of jurisdiction. The court held that the notice of appeal was untimely and noted that the trial court’s certification also indicated that the plea-bargain case afforded no right of appeal.

Holdings

1. A notice of appeal in this criminal proceeding had to be filed within 30 days after sentence was imposed or suspended in open court. Because Wilkerson filed his notice of appeal outside that period, the court lacked jurisdiction and was required to dismiss the appeal.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal filed nearly six years after sentence was imposed.
2. Whether the State's motion to dismiss for want of jurisdiction should be granted.

Disposition

dismissed