Background
William Wayne Burnam appealed judgments adjudicating him guilty of violating a protective order, stalking, aggravated assault, and possession of a controlled substance.
The trial court signed certifications of Burnam’s right to appeal in each cause on July 10, 2026. The certifications were incomplete, however, because they did not state whether Burnam had a right to appeal.
The Court’s Holding
The Texas Seventh Court of Appeals held that the incomplete certifications were defective. Under Texas Rule of Appellate Procedure 25.2, the appellate court was required to ensure that the trial court’s certifications comported with the record.
The court abated the appeals and remanded the causes for the trial court to prepare amended certifications stating whether Burnam has a right to appeal. It directed the trial court to use reasonable means to obtain Burnam’s signature and ordered that supplemental clerk’s records containing the amended certifications be filed by September 18, 2026.
Key Takeaways
- A criminal appeal cannot proceed on an incomplete certification that fails to indicate whether the defendant has a right to appeal.
- The court did not decide the merits of Burnam’s appeals; it abated them so the certification defect could be corrected.
- The trial court must prepare amended certifications, reasonably seek Burnam’s signature, and include them in supplemental clerk’s records.
Why It Matters
The order illustrates the appellate court’s obligation to verify a criminal defendant’s certified right to appeal before reaching the merits. When a certification is defective, abatement and remand allow the trial court to correct the record rather than prompting an immediate merits disposition.