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 2 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 3 Justice–Correctional Institutions Division and the Board of Pardons and Paroles. Delivered: September 24, 2026 Do not publish