Michael Don Micheaux v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

911 F.2d 1083, 1990 U.S. App. LEXIS 16301, 1990 WL 124942
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 17, 1990
Docket88-2756
StatusPublished
Cited by9 cases

This text of 911 F.2d 1083 (Michael Don Micheaux v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Don Micheaux v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division, 911 F.2d 1083, 1990 U.S. App. LEXIS 16301, 1990 WL 124942 (5th Cir. 1990).

Opinions

BARKSDALE, Circuit Judge:

Michael Micheaux (Micheaux) appeals the denial of habeas relief, contending that (1) his pleas of guilty were not entered into knowingly and voluntarily, because he was admonished incorrectly about the minimum sentence to which he was subject; and (2) he had ineffective assistance of counsel in that regard. Finding no error, we AFFIRM.

I.

On June 10, 1980, Micheaux was indicted on three counts of aggravated robbery and two counts of attempted capital murder, arising out of a series of events on May 31, 1980.1 The indictment alleged enhancement by a previous felony conviction for credit card abuse. In Texas state court, Micheaux pleaded (1) guilty to two counts of aggravated robbery and one count of attempted murder and (2) true to the enhancement. The remaining charges were dismissed.

At sentencing, the court informed Mi-cheaux that the punishment for aggravated robbery was “not less than five years nor more than 99 years or life,” and that it was within the court’s discretion to sentence him to a term on each count within that range. The sentencing judge did not inform Micheaux of the sentencing range for attempted capital murder. Micheaux was sentenced to not less than five years nor more than 45 years for attempted capital murder and to not less than 15 years nor more than 45 years for each of the aggravated robberies, the sentences being concurrent.

Although the court advised Micheaux that the minimum sentence for each robbery was five years, it was actually 15 years because of the enhancement. Tex. Penal Code Ann. § 12.42(c) (Vernon 1974). Micheaux appealed his convictions, claiming that the trial court had improperly admonished him on the range of punishment. The Texas Court of Criminal Appeals affirmed his convictions for aggravated robbery but set aside his conviction for attempted capital murder, because the trial court had wholly failed to admonish Mi-[1085]*1085cheaux on the range of punishment for that offense.

Micheaux then exhausted his state habe-as remedies, again attacking his conviction on the basis of the improper admonishment. Filed in support of his habeas application were affidavits by Micheaux and his trial counsel, Sam Adamo (Adamo). The State of Texas did not respond to Mi-cheaux’s application, and no hearing was held. On January 12, 1983, the state district court signed an eleven paragraph “Proposed Findings of Fact” submitted by Micheaux, which stated that he would not have pleaded guilty but for the incorrect admonishment. Pursuant to Texas Code of Criminal Procedure art. 11.07, the record for the denial of the habeas relief was forwarded to the Texas Court of Criminal Appeals. That court denied the relief without written opinion on March 9, 1983.

Micheaux next sought federal habeas, raising the improper admonishment. The district court denied the application without a hearing, finding that the record demonstrated Micheaux was not entitled to relief. Micheaux appealed to this court, and we reversed and remanded for an evidentiary hearing. Micheaux v. Procunier, 791 F.2d 930 (5th Cir.1986) (unpublished).

Prior to remand, Micheaux filed a second pro se habeas application, attacking the effectiveness of his trial counsel. Following remand, the district court consolidated the two applications and appointed counsel to represent Micheaux at the evidentiary hearing. Despite being ordered twice to amend the application to add the ineffective assistance claim, in order for that claim to be considered, Micheaux’s counsel did not do so.

The evidentiary hearing was conducted before a federal magistrate; and testimony was received from Micheaux and his former trial counsel, Adamo. By a Memorandum and Recommendation on June 15, 1988, the magistrate recommended denial of relief, finding that the incorrect admonishment could not have rendered Mi-cheaux’s pleas involuntary. Although the ineffective assistance issue was presented at the hearing, no findings were entered on it. Micheaux then moved to substitute appointed counsel, because, inter alia, his counsel had not filed objections to the recommendation. The district court construed that motion as such objections and adopted the recommendation and entered final judgment, dismissing the application, on July 26, 1988.2

II.

Needless to say, our habeas review of state convictions is “confined to the very narrow standard of due process.” Trussell v. Estelle, 699 F.2d 256, 259 (5th Cir.), cert. denied, 464 U.S. 853, 104 S.Ct. 168, 78 L.Ed.2d 153 (1983). Before a federal court may overturn a state conviction, it must find an error that is so fundamentally unfair as to violate due process. Our review therefore is limited only to the extent that federal constitutional issues arise. 28 U.S.C. § 2254(a); see Smith v. McCotter, 786 F.2d 697, 700 (5th Cir.1986).

For our habeas review, the district court’s findings of fact must be accepted unless they are clearly erroneous. Fed.R. Civ.P. 52(a). Of course, questions of law are freely re viewable. Humphrey v. Lynaugh, 861 F.2d 875, 876 (5th Cir.1988), cert. denied, — U.S.-, 109 S.Ct. 1755, 104 L.Ed.2d 191 (1989).

A.

The first issue to be addressed is whether Micheaux’s guilty pleas were voluntary, notwithstanding the erroneous admonishment about the minimum length of sentence. In reviewing a denial of habeas relief concerning the voluntariness of a plea, we must determine whether the “guilty plea ... was voluntarily entered by a defendant who understood the nature of the charges and consequences of the plea_” Hobbs v. Blackburn, 752 F.2d [1086]*10861079, 1081 (5th Cir.), cert. denied, 474 U.S. 838, 106 S.Ct. 117, 88 L.Ed.2d 95 (1985).

1.

In this instance, we must determine first whether the district court accorded the state court findings of fact the appropriate deference pursuant to 28 U.S.C. § 2254(d).3 This applies equally to the ineffective assistance of counsel claim.

The record is clear that the judge misinformed Micheaux about the minimum sentence he could receive for the aggravated robberies. Micheaux was admonished that the minimum sentence was five years; with the felony enhancement, it was actually 15. In support of his state habeas application, Micheaux averred that if he had known the minimum was 15, not five, years, he would have insisted on a jury trial. The affidavit of his trial attorney, Adamo, stated that Micheaux had indicated to him that he was hopeful of receiving the most lenient sentence possible and that he had no independent recollection of discussing the minimum punishment with Micheaux.

The state habeas trial court adopted verbatim Micheaux’s unopposed proposed findings of fact, which included the following:

5.

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911 F.2d 1083, 1990 U.S. App. LEXIS 16301, 1990 WL 124942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-don-micheaux-v-james-a-collins-director-texas-department-of-ca5-1990.