Calvin Gardner v. the State of Texas

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