Demetrius Lamar Himphill v. State ( 2014 )

DISMISS; Opinion Filed February 4, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01202-CR
No. 05-13-01203-CR
No. 05-13-01204-CR
No. 05-13-01205-CR
No. 05-13-01206-CR
DEMETRIUS LAMAR HIMPHILL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F12-21204-W, F12-21205-W,
F12-21206-W, F13-55023-W, F13-55024-W
MEMORANDUM OPINION
Before Justices Moseley, FitzGerald, and Evans
Opinion by Justice Evans
In cause nos. 05-13-01202-CR, 05-13-01203-CR, and 05-13-01204-CR, Demetrius
Lamar Himphill was convicted, following the adjudication of his guilt, of burglary of a
habitation. Punishment was assessed at twelve years’ imprisonment in each case. In cause nos.
05-13-01205-CR and 05-13-01206-CR, appellant pleaded guilty to the new offenses of robbery
and evading arrest in a motor vehicle. Punishment was assessed at twelve years’ imprisonment
for the robbery and ten years’ imprisonment for the evading arrest. Appellant’s pleas of true and
guilty and the sentences imposed were in accordance with plea agreements, and appellant waived
his right to appeal in each case as part of the plea agreements. 1 See Blanco v. State, 18 S.W.3d
218, 219–20 (Tex. Crim. App. 2000). The trial court certified both that the cases involve plea
bargains and appellant has no right to appeal and that appellant waived his right to appeal. See
TEX. R. APP. P. 25.2(a), (d); Dears v. State, 154 S.W.3d 610 (Tex. Crim. App. 2005); Blanco, 18
S.W.3d at 219–20.
We dismiss the appeals for want of jurisdiction.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131202F.U05
1
The reporter’s record reflects that sentence of eighteen years’ imprisonment and ten years’ imprisonment for the convictions was
originally pronounced on June 28, 2013. The trial court granted appellant’s motions for new trial. The plea agreements were entered on October
9, 2013, in new proceedings following the granting of the motions for new trial.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F12-21204-W.
No. 05-13-01202-CR V. Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 4th day of February, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F12-21205-W.
No. 05-13-01203-CR V. Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 4th day of February, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F12-21206-W.
No. 05-13-01204-CR V. Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 4th day of February, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F13-55023-W.
No. 05-13-01205-CR V. Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 4th day of February, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F13-55024-W.
No. 05-13-01206-CR V. Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 4th day of February, 2014.
/David Evans/
DAVID EVANS
JUSTICE
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