FELICITA LEONOR RODRIGUEZ, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRM as MODIFIED and Opinion Filed December 19, 2008
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-01373-CR
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FELICITA LEONOR RODRIGUEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-81776-05
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MEMORANDUM OPINION
Before Justices Wright, O'Neill, and Lang
Opinion By Justice O'Neill
        Felicita Leonor Rodriguez waived a jury and pleaded guilty to credit card abuse. The trial court assessed punishment at seven months confinement in a state jail facility. On appeal, appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. 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, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she did not file a pro se response.
        We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.
        We note the record shows appellant had no plea agreement in this case, and the trial court certified appellant maintained her right to appeal because there was no plea agreement. However, the trial court's written judgment states appellant entered a guilty plea pursuant to a plea agreement that included a waiver of her right to appeal. Thus, the written judgment is incorrect. We modify the trial court's judgment to show there was no plea agreement. 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).
        As modified, we affirm the trial court's judgment.
 
 
 
                                                          
                                                          MICHAEL J. O'NEILL
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 47
071373F.U05