Affirmed as modified and Opinion Filed August 8, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05-13-00031-CR No. 05-13-00032-CR FREDRICK DOUGLAS FEASTER, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Crimin al District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F06-63541-X, F08-62342-X 

### MEMORANDUM OPINION Before Chief Justice Wright and Justices FitzGerald and Lewis Opinion by Justice FitzGerald Fredrick Douglas Feaster was convicted of possession of marijuana in an amount of five pounds or less but more than four ounces and unlawfully carrying a weapon in a tavern. See
T EX
. H EALTH & S AFETY C ODE A NN
. § 481.121(a), (b)(3) (West 2010); T EX
. P ENAL C ODE A NN
. § 46.02(a), (c) (West 2011). In the marijuana case, punishment, following adjudication of his guilt, was assessed at one year’s confinement in a state jail. In the firearms case, punishment, following the revocation of his community s upervision, was assessed at five years’ imprisonment. In three issues, appellant contends the trial cour t’s judgments should be modified‐ 2 ‐ to correctly reflect the proceeding. The State agrees the modifications should be made. We modify the trial court’s judgme nts and affirm as modified. In his first and second point s of error, appellant conten ds the judgments should be modified because they incorrectly show he pleaded true to all of the alleged probation violations. In his third point of error, appellant conte nds the judgment in the marijuana case should be modified to correct the statute of the offense. The State responds that the judgments should be modified in the manner appellant requested. The record shows appellant pleaded not true to two of the allegations in the State’s motion to adjudicate and motion to revoke community supervision, and he pleaded true to the remaining five allegations. The judgments incorrectly recite that appellant pleaded true to the motions. Additionally, the judgment in the marijuan a case inaccurately reci tes the statute of the offense as “481.115 Health and Safety Code.” In cause no. 05-13-00031-CR, we modify th e judgment adjudicating guilt to show the plea to the motion to adjudicate is “not true” fo r condition (a) and “true” for conditions (b), (h), (j), and (n). See T EX
. R. A PP
. 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). We also modify the judgment adjudicating guilt to show the statute for the offense is “481.121 Health and Safety Code.” In cause no. 05-13-00032-CR, we modify the judgment revoking community supervision to show the plea to the motion to revoke is “not true” for condition (a) and “true” for conditions (b), (h), (j), and (n).‐ 3 ‐ As modified, we affirm the trial court’s judgments.

Do Not Publish T EX
. R. A PP
. P. 47 130031F.U05

/ Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE‐ 4 ‐ 

## Court of Appeals **Fifth District of Texas at Dallas**

JUDGMENT

FREDRICK DOUGLAS FEASTER, Appellant
No. 05-13-00032-CR V. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 6 of Dallas County, Texas (Tr.Ct.No. F08-62342-X). Opinion delivered by Justice FitzGerald, Chief Justice Wright and Justice Lewis participating.

Based on the Court’s opinion of this date, th e trial court’s judgment revoking community supervision is MODIFIED as follows: The section entitled “Plea to Motion to Adj udicate” is modified to show “Not True Condition (a); True Conditions (b), (h), (j), (n).” As modified, we AFFIRM the trial court’s judgment revoking community supervision.

Judgment entered August 8, 2013

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_ / Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE‐ 5 ‐ 

## Court of Appeals **Fifth District of Texas at Dallas**

JUDGMENT

FREDRICK DOUGLAS FEASTER, Appellant
No. 05-13-00031-CR V. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 6 of Dallas County, Texas (Tr.Ct.No. F06-63541-X). Opinion delivered by Justice FitzGerald, Chief Justice Wright and Justice Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is MODIFIED as follows: The section entitled “Statute for Offense” is modified to show “481.121 Health and Safety Code.” The section entitled “Plea to Motion to Adj udicate” is modified to show “Not True Condition (a); True Conditions (b), (h), (j), (n).” As modified, we AFFIRM the trial court’s judgme nt adjudicating guilt.

Judgment entered August 8, 2013

/ Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE