Oquavien Wagoner v. The State of Texas Appeal from 396th District Court of Tarrant County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00164-CR ___________________________ OQUAVIEN WAGONER, Appellant V. THE STATE OF TEXAS On Appeal from the 396th District Court Tarrant County, Texas Trial Court No. 1529557D Before Bassel, J.; Sudderth, C.J.; and Womack, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION In accordance with a plea bargain between the State and Appellant Oquavien Wagoner, Wagoner pleaded guilty to one count of aggravated robbery with a deadly weapon, and the State agreed to dismiss another aggravated-robbery charge in return for Wagoner’s guilty plea. Wagoner filed a notice of appeal. The trial court initially signed an inaccurate certification that did not indicate that Wagoner had entered into a plea bargain but eventually signed an amended certification stating that Wagoner had entered into a plea bargain and had “NO right of appeal.” We notified Wagoner’s court-appointed attorney of the trial court’s amended certification and informed him that unless he filed a response showing grounds for continuing the appeal, we would dismiss it. See Tex. R. App. P. 25.2(d), 44.3. We received no response. The record reflects that Wagoner specifically waived any pretrial motions and all rights of appeal as part of his plea agreement. Therefore, in accordance with the trial court’s amended certification, we dismiss this appeal. See Tex. R. App. P. 25.2(a), (d), 43.2(f); Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006); Miller v. State, No. 02-18-00467-CR, 2019 WL 1179421, at *1 (Tex. App.—Fort Worth Mar. 14, 2019, no pet.) (mem. op., not designated for publication); see also Kennedy v. State, 297 S.W.3d 338, 342 (Tex. Crim. App. 2009) (explaining charge-bargain agreement); Shankle v. State, 119 S.W.3d 808, 813–14 (Tex. Crim. App. 2003) (same). Per Curiam 2 Do Not Publish Tex. R. App. P. 47.2(b) Delivered: August 8, 2019 3

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.