Opinion
NO. 4:01-CV-578-A.
April 24, 2002
ORDER
Came on for consideration the above-captioned action wherein Hieu Van Huynh is petitioner and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On February 27, 2002, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until March 20, 2002, in which to file, and not merely place in the mail, written objections thereto. Copies of the findings, conclusions, and recommendation were sent to petitioner and respondent by certified mail, return receipt requested. Return receipts have been received by the Clerk and placed in the file. Such receipts reflect that copies were received on behalf of petitioner on March 2, 2002, and on behalf of respondent on March 4, 2002. On March 18, 2002, petitioner filed his objections. The court has reviewed the record de novo in light of the objections and finds that the petition must be denied. Plaintiff's claim that his guilty plea was not knowing and voluntary is belied by the record. Specifically, the court admonished petitioner that he was entitled to a jury trial for assessment of guilt and punishment. Tr. at 27. Petitioner acknowledged that he had received the admonishments and waived his right to a jury trial. Id. at 29. He further acknowledged that he was "totally satisfied with the representation given to [him] by [his] attorney" who "provided [him] fully effective and competent representation." Id.
The court ORDERS that the petition in this action be, and is hereby, denied.