Calvin Gardner v. the State of Texas

Court of Appeals of Texas

Calvin Gardner v. the State of Texas

Court of Appeals of Texas·Decided July 24, 2025·No. 06-24-00127-CR·Published

Opinion

Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Calvin Gardner, Appellant Appeal from the 202nd District Court of Bowie County, Texas (Tr. Ct. No.

No. 06-24-00127-CR v. 22F0820-202). Panel consists of Chief Justice Stevens and Justices van Cleef and The State of Texas, Appellee Rambin. Memorandum Opinion delivered by Justice Rambin.

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment by changing the statute for offense from Section 71.02(b) to Section 71.02(a) of the Texas Penal Code and by changing the total time credit timespan from 6/5/2022–6/7/2022 to 6/5/2022–6/7/2024. As modified, we affirm the judgment of the trial court.

We note that the appellant, Calvin Gardner, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JULY 24, 2025 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Calvin Gardner, Appellant Appeal from the 202nd District Court of Bowie County, Texas (Tr. Ct. No.

No. 06-24-00127-CR v. 22F0820-202). Panel consists of Chief Justice Stevens and Justices van Cleef and The State of Texas, Appellee Rambin. Memorandum Opinion delivered by Justice Rambin.

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment by changing the statute for offense from Section 71.02(b) to Section 71.02(a) of the Texas Penal Code and by changing the total time credit timespan from 6/5/2022–6/7/2022 to 6/5/2022–6/7/2024. As modified, we affirm the judgment of the trial court.

We note that the appellant, Calvin Gardner, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JULY 24, 2025 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

Calvin Gardner v. the State of Texas, (Tex. Ct. App. 2025).

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