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 Delivered: October 8, 2026 Do not publish