Johnson, Curtis
CourtCourt of Criminal Appeals of Texas
Date FiledOctober 8, 2026
DocketWR-97,964-01
StatusPublished
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Full Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,964-01
EX PARTE CURTIS JOHNSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. DC-2025-CR-1101-A IN THE 140TH DISTRICT
COURT
LUBBOCK COUNTY
Per curiam.
OPINION
Applicant was convicted of continuous sexual abuse of a young child and
sentenced to forty years’ imprisonment. The Seventh Court of Appeals affirmed
his conviction. Johnson v. State, No. 07-25-00343-CR (Tex. App.—Amarillo Apr.
29, 2026) (not designated for publication). Applicant filed this application for a
writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
2
Applicant contends that appellate counsel failed to timely advise him of his
right to file a pro se petition for discretionary review. Based on the record, the trial
court has determined that appellate counsel’s performance was not deficient, but
that Applicant is entitled to relief due to a “breakdown in the system.” Ex parte
Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006).
Relief is granted based on a “breakdown in the system.” Applicant may file
an out-of-time petition for discretionary review of the judgment of the Seventh
Court of Appeals in cause number 07-25-00343-CR. Should Applicant decide to
file a petition for discretionary review, 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
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: October 8, 2026
Do not publish