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 Criminal 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

TEX. HEALTH & SAFETY CODE ANN. § 481.121(a), (b)(3) (West 2010); TEX. PENAL CODE ANN. 

§ 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 supervision, was assessed at five years’ 

imprisonment. In three issues, appellant contends the trial court’s judgments should be modified 
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to correctly reflect the proceeding. The State agrees the modifications should be made. We 

modify the trial court’s judgments and affirm as modified. 

In his first and second points of error, appellant contends 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 contends 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 marijuana case inaccurately recites the statute of the 

offense as “481.115 Health and Safety Code.” 

In cause no. 05-13-00031-CR, we modify the judgment adjudicating guilt to show the 

plea to the motion to adjudicate is “not true” for condition (a) and “true” for conditions (b), (h), 

(j), and (n). See 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). 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). 
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As modified, we affirm the trial court’s judgments. 

Do Not Publish 

TEX. R. APP. 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, the trial court’s judgment revoking community 

supervision is MODIFIED as follows: 

The section entitled “Plea to Motion to Adjudicate” 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 Adjudicate” is modified to show “Not True 

Condition (a); True Conditions (b), (h), (j), (n).” 

As modified, we AFFIRM the trial court’s judgment adjudicating guilt. 

Judgment entered August 8, 2013 

/Kerry P. FitzGerald/ 

KERRY P. FITZGERALD 

JUSTICE