Opinion
No. 05-03-01579-CR
Opinion Filed September 28, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-72341-TQ. Affirmed As Modified.
Before Justices WHITTINGTON, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Jose Lorenzo Santana appeals his conviction for aggravated sexual assault. Punishment was assessed at fifteen years confinement and a $2500 fine. Appellant's attorney filed a brief in which he 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 he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Although there are no arguable issues for appeal, the judgment does contain two clerical errors. The judgment misidentifies trial counsel and incorrectly states appellant's punishment was assessed pursuant to a plea bargain when, in fact, appellant entered an open plea. We have the authority to modify incorrect judgments when the necessary information is available to do so. 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 (Tex.App.-Dallas 1991, pet. ref'd). To correct the judgment's clerical errors, we modify the trial court's October 27, 2003 judgment to reflect Russ Henrichs as attorney for defendant and, in the "terms of plea bargain" section, to reflect appellant entered an "open" plea. As modified, we affirm the trial court's judgment.