Modified and Affirmed and Opinion Filed December 14, 2022

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00961-CR

No. 05-21-00962-CR

BRIAN SYLVESTER DIGGS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F20-52897-M & F20-52898-M

MEMORANDUM OPINION

Before Justices Myers, Pedersen, III, and Garcia

Opinion by Justice Myers

Appellant Brian Sylvester Diggs entered negotiated pleas of guilty and 

judicial confessions in two cases: (1) possession with intent to deliver 

methamphetamine in an amount of four grams or more but less than 200 grams in 

cause number 05-21-00961-CR; and (2) possession of heroin in an amount less than 

one gram in cause number 05-21-00962-CR. The court accepted the pleas and, in 

accordance with the terms of the respective plea agreements, placed appellant on 

five years of deferred adjudication probation in each case. Appellant subsequently 

entered pleas of true to allegations in the State’s motions to adjudicate in the two 
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cases. The court adjudicated appellant guilty and revoked his probation in the two 

cases. In cause 05-21-00961-CR, the court sentenced appellant to fifteen years of 

confinement in the Institutional Division of the Texas Department of Criminal 

Justice (TDCJ), and in cause 05-21-00962-CR, the court sentenced appellant to one 

year in the State Jail Division of the TDCJ.

Appellant’s counsel has filed a motion to withdraw. The motion is supported 

by a brief in which counsel professionally and conscientiously examines the record 

and applicable law and concludes this appeal is frivolous and without merit. 

Counsel certifies that he provided appellant with a copy of the brief and the 

motion to withdraw. The brief meets the requirements of Anders v. California, 386 

U.S. 738 (1967). The brief presents a professional evaluation of the record showing 

why, in effect, there are no arguable grounds to advance. See High v. State, 573 

S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief 

meets requirements of Anders); see also Arevalos v. State, 606 S.W.3d 912, 915–16 

(Tex. App.—Dallas 2020, no pet.) (citing High and concluding Anders brief in 

support of motion to withdraw did not meet requirements of Anders and was 

deficient as to form). We advised appellant by letter of his right to file a pro se 

response, but he has not filed a pro se response. See Kelly v. State, 436 S.W.3d 313, 

319–21 (Tex. Crim. App. 2014) (appellant has right to file pro se response to Anders

brief filed by counsel).

We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 
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S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in 

Anders cases). We agree the appeal is frivolous and without merit, and we find 

nothing in the record that might arguably support the appeal.

Although not arguable issues, we note one clerical error in the judgment in 

cause 05-21-00962-CR, and a separate clerical error in each of the judgments. 

Appellant was convicted of the state jail felony offense of possession of less than 

one gram of heroin under section 481.115(b). See TEX. HEALTH & SAFETY CODE § 

481.115(b). But the written judgment in 00962-CR incorrectly states that the 

applicable statute is section 481.115(c). In addition, the judgments in each of the 

cases state that the attorney for the State was Thelma Anderson, while the reporter’s 

record shows the attorney for the State to be Amy Lockhart. 

When the record provides the necessary information to correct inaccuracies in 

the trial court’s judgment, we have the authority to reform the judgment to speak the 

truth. TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. 

App. 1993); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, 

pet. ref’d). Accordingly, we modify the judgment in 05-21-00962-CR to reflect that 

appellant was convicted of the state jail felony offense of possession of less than one 

gram of heroin under section 481.115(b), and we further modify each judgment to 

reflect that the attorney for the State was Amy Lockhart. 
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We grant counsel’s motion to withdraw and, as modified, affirm the 

judgment.

210961f.u05

210962f.u05

Do Not Publish

TEX. R. APP. P. 47.2(b)

/Lana Myers//

LANA MYERS

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BRIAN SYLVESTER DIGGS, 

Appellant

No. 05-21-00961-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial 

District Court, Dallas County, Texas

Trial Court Cause No. F20-52897-M.

Opinion delivered by Justice Myers. 

Justices Pedersen, III and Garcia 

participating.

Based on the Court’s opinion of this date, the judgment of the trial court is 

MODIFIED as follows:

The portion of the judgment entitled “Attorney for State” is changed to 

“Amy Lockhart SBOT 24056758.

As REFORMED, the judgment is AFFIRMED. The trial court is directed to 

prepare a corrected judgment that reflects the modifications made in this Court’s 

opinion and judgment in this case. 

Judgment entered this 14th day of December, 2022.
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BRIAN SYLVESTER DIGGS, 

Appellant

No. 05-21-00962-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial 

District Court, Dallas County, Texas

Trial Court Cause No. F20-52898-M.

Opinion delivered by Justice Myers. 

Justices Pedersen, III and Garcia 

participating.

Based on the Court’s opinion of this date, the judgment of the trial court is 

MODIFIED as follows:

The portion of the judgment entitled “Statute for Offense” is changed 

to “481.115(b) Health and Safety Code.” 

The portion of the judgment entitled “Attorney for State” is changed to 

“Amy Lockhart SBOT 24056758

As REFORMED, the judgment is AFFIRMED. The trial court is directed to 

prepare a corrected judgment that reflects the modifications made in this Court’s 

opinion and judgment in this case. 

Judgment entered this 14th day of December, 2022.