Document Info

DocketNumber: 02-19-00164-CR

Filed Date: 8/8/2019

Status: Precedential

Modified Date: 8/10/2019

  •              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    Do Not Publish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