Demetrius Lamar Himphill v. The State of TexasAppeal from 363rd Judicial District Court of Dallas County (memorandum opinion )
Annotate this Case
Download PDF
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 /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX.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. 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMETRIUS LAMAR HIMPHILL, Appellant 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. V. THE STATE OF TEXAS, Appellee 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 3 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMETRIUS LAMAR HIMPHILL, Appellant No. 05-13-01203-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. V. THE STATE OF TEXAS, Appellee 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 4 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMETRIUS LAMAR HIMPHILL, Appellant No. 05-13-01204-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. V. THE STATE OF TEXAS, Appellee 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 5 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMETRIUS LAMAR HIMPHILL, Appellant No. 05-13-01205-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. V. THE STATE OF TEXAS, Appellee 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 6 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMETRIUS LAMAR HIMPHILL, Appellant No. 05-13-01206-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. V. THE STATE OF TEXAS, Appellee 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 7
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
