Diane Culley v. The State of Texas

Appellant, Diane Culley, attempts to appeal a conviction for forgery. The trial

court has certified that “the defendant has waived the right of appeal.” See TEX. R. APP.

On January 4, 2016, this Court notified appellant’s counsel of the trial court’s

certification and ordered counsel to: (1) review the record; (2) determine whether

appellant has a right to appeal; and (3) forward to this Court, by letter, counsel’s findings

as to whether appellant has a right to appeal, or, alternatively, advise this Court as to the

existence of any amended certification.

On January 22, 2016, counsel filed a letter brief with this Court. Counsel’s

response does not establish: (1) that the certification currently on file with this Court is

incorrect, or (2) that appellant otherwise has a right to appeal.

The Texas Rules of Appellate Procedure provide that an appeal must be dismissed

if the trial court’s certification does not show that the defendant has the right of appeal. Accordingly, this appeal is DISMISSED.