Opinion
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
02-04-2014
DEMETRIUS LAMAR HIMPHILL, Appellant v. THE STATE OF TEXAS, Appellee
DISMISS; Opinion Filed February 4, 2014.
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. 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.
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.
We dismiss the appeals for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131202F.U05
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01202-CR
On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F12-21204-W.
Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01202-CR
On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F12-21205-W.
Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01202-CR
On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F12-21206-W.
Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01202-CR
On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F13-55023-W.
Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE
JUDGMENT
DEMETRIUS LAMAR HIMPHILL, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01202-CR
On Appeal from the 363rd Judicial District
Court, Dallas County, Texas
Trial Court Cause No. F13-55024-W.
Opinion delivered by Justice Evans,
Justices Moseley and FitzGerald
participating.
Based on the Court's opinion of this date, we DISMISS the appeal for want of jurisdiction.
__________________________
DAVID EVANS
JUSTICE