United States District Court, E.D. Texas, Beaumont Division
MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
CLARK, UNITED STATES DISTRICT JUDGE.
Anthony Dewayne Cornelius, a prisoner confined at the
Coffield Unit of the Texas Department of Criminal Justice,
Correctional Institutions Division, proceeding pro
se and in forma pauperis, filed this petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Court referred this matter to the Honorable Keith Giblin,
United States Magistrate Judge, at Beaumont, Texas, for
consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends the habeas petition be
Court has received and considered the Report and
Recommendation of United States Magistrate Judge filed
pursuant to such order, along with the record, and pleadings.
Petitioner filed objections to the Report and Recommendation
of United States Magistrate Judge. This requires a de
novo review of the objections in relation to the
pleadings and applicable law. See Fed. R. Civ. P.
& Procedural Background
was charged by indictment with two counts of aggravated
sexual assault, by way of causing sexual contact/activity
between his wife and J.W., a child younger than 14 years of
age; two counts of sexual assault, by way of causing sexual
contact/activity between his wife and C.W., a child younger
than 17 years of age; and two counts of sexual assault, by
way of causing sexual contact/activity between his wife and
R.W., a child younger than 17 years of age. Indictment,
State of Texas v. Anthony Dewayne Cornelius, in the
411th Judicial District Court of Polk County, Texas, in Cause
No. 22027 (docket entry no. 15-10).
entered in to a plea of guilty to all six counts pursuant to
a plea agreement with the State wherein the State agreed to
recommend the following: (A) for Counts 1 and 2, punishment
of 25 years' imprisonment for each count; (B) for Counts
3, 4, 5, and 6, punishment of 20 years' imprisonment for
each count; (c) the dismissal of the three outstanding cases
against petitioner in Cause Nos. 22028, 22029 and
22030; and (3) the State would not charge
petitioner with attempted indecency with a child or indecency
with a child, based upon the allegations of two other minors,
not named in either the instant cause or the dismissed
causes. Plea Transcript (docket entry no. 15-14).
the trial court admonished petitioner and received his
written and oral judicial confessions and stipulations of
evidence, the trial court found petitioner guilty of all six
counts and, on March 28, 2012, sentenced him to 25 years'
imprisonment for Counts 1 and 2, and 20 years'
imprisonment for Counts 3, 4, 5, and 6, all to run
did not directly appeal his conviction and sentence but did
file a state writ of habeas corpus in March of 2013. (docket
entry no. 15-10). On November 19, 2014, the Texas Court of
Criminal Appeals denied petitioner's application without
written order based upon the findings of the trial court
after an evidentiary hearing. Id. Petitioner filed
the instant federal habeas petition on November 25, 2014
(docket entry no. 1).
petitioner's objections relate to Cause No. 22029.
See Objection 1, 2b, 3 and 4 (docket entry no. 47).
Specifically, petitioner argues the following:
1. The Magistrate Judge failed to address the trial
court's lack of jurisdiction causing the plea proceedings
to be fundamentally unfair from the beginning resulting in a
void judgment. Cause No. 22029 alleged “two counts with
a possible 5-99 year sentence for each Count, possibly
stacked.” The trial court lacked subject matter
jurisdiction to negotiate a plea bargain due to count two not
being “an offense by statute.” Objections, pgs.
1-2 (docket entry no. 47).
2b. The Magistrate Judge erred in not expanding his focus
beyond the plea hearing to the arraignment in Cause No.
22029. Petitioner was misled about the punishment he faced if
he went to trial. The record clearly shows that the maximum
term of ...