1

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-13-00206-CR

NO. 09-13-00207-CR

____________________

NGUYEN PHAM A/K/A PHAM NGUYEN, Appellant

V.

THE STATE OF TEXAS, Appellee

_______________________________________________________ ______________

On Appeal from the 252nd District Court 

Jefferson County, Texas

Trial Cause Nos. 07-00802, 10-08358

________________________________________________________ _____________

MEMORANDUM OPINION 

In these two appeals,

1 counsel for the appellant, Nguyen Pham a/k/a Pham 

Nguyen, filed briefs that state there are no arguable points of error allowing Pham

to obtain relief from his convictions. After reviewing the records in each of the 

appeals, we conclude that no arguable issues support Pham’s appeals. See Anders 

v. California, 386 U.S. 738, 744 (1967).

 1

Because the appeals in these two cases share identical reporter’s records 

and briefs, and because the issues are similar, we address both of Pham’s appeals 

in one opinion. 
2

In carrying out a plea bargain agreement in Cause Number 07-00802, Pham 

pled guilty to aggravated assault. See Tex. Penal Code Ann. § 22.02 (West 2011).2

Under the terms of Pham’s plea agreement, the trial court deferred the adjudication 

of Pham’s guilt, placed Pham on community supervision for five years, and 

assessed a fine of $500. Pham’s community supervision was subsequently revoked,

and he was adjudicated guilty of aggravated assault. Following a motion for new 

trial, the trial court vacated its judgment and sentence. Extending the term of the 

community supervision order for five years, through November 30, 2018, the trial 

court placed Pham on community supervision. 

In carrying out his plea agreement in the other case that is the subject of this 

opinion, Cause Number 10-08358, Pham pled guilty to possessing a controlled 

substance. See Tex. Health & Safety Code Ann. § 481.115 (West 2010). Pursuant 

to the plea bargain agreement, the trial court deferred the adjudication of Pham’s 

guilt and placed Pham on community supervision for five years. 

While Pham was subject to the community supervision orders in Cause 

Numbers 07-00802 and 10-08358, the State filed motions asking the trial court to 

revoke its community supervision orders. At the revocation hearing, Pham pled 

“true” to having burglarized a building on March 8, 2013, violating the term in 

 2

We cite to the current version of the statute as the subsequent amendment

does not affect the outcome of this appeal. 
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each community supervision order that he was not to commit an offense against the 

State while on community supervision. At the conclusion of the hearing, the trial 

court found Pham violated the respective community supervision orders and found 

Pham guilty of aggravated assault and possessing a controlled substance. The trial 

court sentenced Pham to eleven years in prison in the aggravated assault case and 

to two years in state jail on the possession case. 

On appeal, Pham’s counsel filed briefs presenting counsel’s professional 

evaluation of the records and containing counsel’s conclusions that Pham’s appeals

are frivolous. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. 

Crim. App. 1978). We granted an extension of time to allow Pham to file pro se

briefs, but he did not do so.

Having reviewed the appellate records and the Anders briefs filed by Pham’s 

counsel, we agree with counsel’s conclusion that no arguable issues support 

Pham’s appeals. Consequently, we need not order the appointment of new counsel 

to re-brief Pham’s appeals. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. 

App. 1991). 

Although no arguable issues require the appointment of new counsel, we 

note that the trial court’s judgment in Cause Number 07-00802, the aggravated 

assault conviction, contains a clerical error. Page two of the judgment in Cause 
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Number 07-00802 appears to order the payment of a fine, even though the 

transcript of Pham’s sentencing hearing does not reflect that the trial court orally 

pronounced a fine when it sentenced Pham to serve eleven years in prison. The 

State agrees that the judgment, as worded, includes a fine. This Court has the 

authority to modify the trial court’s judgment to correct a clerical error. Bigley v. 

State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993). 

Consequently, the language in the written judgment in Cause Number 07-

00802 that states the defendant is required to pay “all fines[]” and that states the 

defendant is required to pay “any remaining unpaid fines[]” is amended; we order 

it deleted from the judgment. We amend the language on the second page of the 

written judgment that orders the defendant to pay “all fines[]” to read: “The Court 

ORDERS Defendant to pay all court costs and restitution as indicated above.” We 

also amend the language on the second page of the written judgment that orders the 

defendant to pay “any remaining unpaid fines[]” to read: “Once there, the Court 

ORDERS Defendant to pay, or make arrangements to pay, any remaining court 

costs and restitution as ordered by the Court above.”

Despite the presence of clerical errors in the trial court’s judgment in Cause 

Number 07-00802, the clerical errors that we have corrected do not raise arguable 

issues about either Pham’s guilt or his eleven-year sentence. Because no arguable 
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issues with respect to Pham’s guilt or Pham’s prison sentence in Cause Number 

07-00802 support an appeal, we affirm the trial court’s judgment, as modified. 

Additionally, because no arguable issues support Pham’s appeal in Cause Number 

10-08358, the trial court’s judgment in that case is affirmed.

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AFFIRMED AS MODIFIED; AFFIRMED.

 

 

_________________________

 HOLLIS HORTON

 Justice

Submitted on September 16, 2013

Opinion Delivered December 18, 2013

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.

 3

Pham may challenge our decision in these cases by filing petitions for 

discretionary review. See Tex. R. App. P. 68.