Full Opinion

In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-25-00429-CR __________________ DEVONDRICK JERMAIN BERRY, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 23DCCR1898 __________________________________________________________________ MEMORANDUM OPINION In a plea agreement, Appellant, Devondrick Jermain Berry, 1 pleaded guilty to a lesser included unlawful possession of less than one gram of a controlled substance, PG 2 >= 1G<4G – LESSER PCS < 1G, a State Jail Felony. See Tex. Health & Safety Code Ann. § 481.116(b). The trial court found the evidence 1 At some places in the record, Appellant’s first name appears as “De Vondrick.” Based on our review of the entire record and Appellant’s briefing in this court, we refer to the Appellant’s first name as “Devondrick,” rather than “De Vondrick.” 1 sufficient to find Berry guilty but deferred adjudication and placed Berry on community supervision for three years. The State subsequently filed a motion to revoke Berry’s unadjudicated probation. Berry pleaded “true” to two violations of the conditions of his community supervision. The trial court found three of the allegations of violations of Berry’s community supervision to be “true,” found Berry guilty of the “original offense,” 2 revoked Berry’s community supervision and assessed punishment of one year’s confinement in State Jail. On appeal, Appellant’s court-appointed attorney filed a brief stating that he has reviewed the case and, based on his professional evaluation of the record and applicable law, he concluded that the appeal lacks merit and that there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Berry to file a pro se brief, and Berry filed no response. Upon receiving an Anders brief, this Court must conduct a full examination of all the proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel’s brief, and we have found nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. The Lesser Included Order of Deferred Adjudication lists the offense as 2 POSS CS PG2>=1G<4G-LESSER PCS<1G. 2 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”). Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). 3 That said, we find that the written judgment of conviction in this case contains non-reversible clerical errors. The trial court’s judgment contains clerical errors because it incorrectly states that Berry was convicted of “POSS CS PG2>=1G<4G,” a “3rd Degree Felony” and that Berry pleaded “true” to Counts 1, 2, and 4 of the motion to revoke, whereas the reporter’s record reflects that he was convicted of the offense of a lesser included possession of a controlled substance and pleaded “true” only to Counts 2 and 4. This Court has the authority to modify the trial court’s judgment to correct clerical errors. See Tex. R. App. P. 43.2(b) (providing that the court of appeals may “modify the trial court’s judgment and affirm it as modified[]”); Provost v. State, Nos. 09-20-00210-CR, 09-20-00211-CR, 2021 Tex. App. LEXIS 1302, at **2-3 (Tex. App.—Beaumont Feb. 24, 2021, no pet.) (mem. op., not designated for publication); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 3 Berry may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 3 1993) (concluding that the court of appeals has the power to reform judgments to correct clerical errors). Accordingly, we modify the trial court’s judgment to reflect that Berry was convicted of POSS CS PG2>=1G<4G-LESSER PCS<1G, a State Jail Felony, and he pleaded “true” to Counts 2 and 4 of the motion to revoke. We affirm the trial court’s judgment as modified. AFFIRMED AS MODIFIED. LEANNE JOHNSON Justice Submitted on September 10, 2026 Opinion Delivered October 7, 2026 Do Not Publish Before Golemon, C.J., Johnson and Wright, JJ. 4