Background
William Wayne Burnam appealed judgments adjudicating him guilty of violating a protective order, stalking, aggravated assault, and possession of a controlled substance. The appeals arose from multiple causes in the 47th District Court of Randall County.
The trial court signed certifications of Burnam’s right of 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 certifications were defective and abated the appeals. It remanded the causes to the trial court to prepare amended certifications stating whether Burnam has a right to appeal.
The court directed the trial court to use reasonable means to obtain Burnam’s signature on the amended certifications. It also ordered that the amended certifications be included in supplemental clerk’s records filed with the appellate court by September 18, 2026. The court did not decide the merits of Burnam’s appeals.
Key Takeaways
- A trial court’s certification must indicate whether a criminal defendant has a right to appeal.
- A defective certification may require abatement and remand for correction before the appeal proceeds.
- The trial court must use reasonable means to secure the appellant’s signature and place the amended certifications in supplemental clerk’s records.
Why It Matters
The order underscores that a complete and record-supported right-to-appeal certification is a prerequisite to the orderly disposition of a Texas criminal appeal. When the certification does not disclose whether an appeal is permitted, the appellate court may pause the proceedings and require the trial court to correct the record.
The ruling is procedural only: it neither resolves Burnam’s appellate rights nor addresses his challenges to the underlying judgments.