Gardner, Calvin
CourtCourt of Criminal Appeals of Texas
Date FiledSeptember 24, 2026
DocketWR-97,382-02
StatusPublished
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Full Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,382-02
EX PARTE CALVIN GARDNER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22F0820-202-A IN THE 202ND DISTRICT COURT
BOWIE COUNTY
Per curiam.
OPINION
Applicant was convicted of engaging in organized criminal activity and
sentenced to life imprisonment. The Sixth Court of Appeals modified the trial
court’s judgment to reflect the correct statute for the offense and total time credit,
and affirmed the judgment as modified. Gardner v. State, No. 06-24-00127-CR
(Tex. App.–Texarkana July 24, 2025). Applicant filed this application for a writ of
habeas corpus in the county of conviction, and the district clerk forwarded it to this
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Court. See TEX. CODE CRIM. PROC. art. 11.07.
This application was remanded to the trial court for development of the
record and the entry of supplemental findings of fact and conclusions of law
addressing Applicant’s contention that he did not timely receive notice from
appellate counsel that his conviction had been affirmed and that he had a right to
file a pro se petition for discretionary review (PDR). The trial court has developed
the record and entered supplemental findings and conclusions. The court has
determined that Applicant did not receive correspondence from appellate counsel
informing him of the court of appeals’ opinion and of his right to file a pro se PDR.
Applicant would have timely filed a PDR if he had received notice. Therefore, he is
entitled to file an out-of-time pro se PDR.
Relief is granted. Ex parte Riley, 193 S.W.3d 900, 902 (Tex. Crim. App.
2006); Ex parte Wilson, 956 S.W.2d 25, 26 (Tex. Crim. App. 1997). Applicant may
file an out-of-time petition for discretionary review of the judgment of the Sixth
Court of Appeals in Cause No. 06-24-00127-CR. Should Applicant decide to file a
PDR, he must file it with this Court within thirty days from the date of this Court’s
mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
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Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: September 24, 2026
Do not publish