Randle v. Stephens

Filing 27

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 25 Memorandum and Recommendations, granting 13 MOTION for Summary Judgment . The Petitioner is DENIED a certificate of appealability. (Signed by Judge Hilda G Tagle) Parties notified.(lcayce, 2)

United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
BUFORD RANDLE,
Petitioner,
VS.
WILLIAM STEPHENS,
Respondent.

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ENTERED
January 09, 2017
David J. Bradley, Clerk

CIVIL NO. 2:16-CV-21

ORDER
Petitioner Buford Randle (“Randle”) has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, challenging the legality of his confinement and
conviction. Randle argues that he received ineffective assistance of counsel in his
underlying criminal cases and his plea was involuntary. (See D.E. 4, Page 2).
On or about August 30, 2012, Randle was driving in the City of Corpus
Christi with a defective right headlight when he was stopped by the police. (D.E. 123, Page 11). Randle had a suspended driver’s license and no current insurance on
the vehicle and he was taken into custody. (D.E. 12-3, Page 11). During an
inventory search of the vehicle, officers discovered a small bag which contained a
small glass pipe in the center console and a small brown rock-like substance on the
backseat floorboard. (D.E. 12-3, Page 11). Randle was charged with Possession of a
Controlled Substance (Cocaine) and indicted by a grand jury in Case Number 12CR-2890-E. (D.E. 12-11, Page 49). Additionally, on or about February 17, 2014,
Randle experienced some car trouble. After exiting his vehicle to look under the
hood of his car, he was approached by two police officers. (D.E. 4, Page 3). Randle
jumped in his car and drove away from the police. (D.E. 4, Page 3). The police
eventually stopped and arrested Randle. (D.E. 4, Page 3). While in custody for
evading arrest, Case Number 14-CR-0561-E, the state elected to pursue the prior
offense for possession of a controlled substance. (D.E. 4, Page 3).
On October 21, 2014, a jury found Randle guilty of evading arrest with a
vehicle. (D.E. 12-2, Pages 4-6). After being found guilty, Randle reached an
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agreement with the prosecutor for the minimum punishment of 25 years in the
Texas Department of Criminal Justice.1 (D.E. 12-2, Page 7). The agreement also
stated Randle would plead guilty to the possession of a controlled substance charge
in Case Number 12-CR-2890-E. (D.E. 12-2, Pages 7-8). The parties further agreed to
the minimum punishment of two years in Texas Department of Corrections for the
possession of a controlled substance charge with the sentences for the two cases to
run concurrently. (D.E. 12-2, Page 8).
The Court has before it Randle’s memorandum of fact and law in support of
his petition (D.E. 4), Respondent’s motion for summary judgment (D.E. 13),
Randle’s response to Respondent’s motion for summary judgment (D.E. 24), and the
Memorandum and Recommendations (“M&R”) of the Magistrate Judge to whom
this case was referred pursuant to 28 U.S.C. § 636(b) (D.E. 25). The deadline to file
objections to the M&R has passed, and the docket sheet shows that no objections
have been filed. See 28 U.S.C. § 636(b)(1) (setting a 14-day deadline to file
objections); Fed. R. Civ. P. 72(b)(2) (same); see also M&R, D.E. 25, at 24 (advising
parties of the 14-day deadline).
After independently reviewing the record and considering the applicable law,
the Court adopts the Magistrate Judge’s proposed findings and recommendations;
GRANTS Respondent’s motion for summary judgment (D.E. 13), DISMISSES the
petition for a writ of habeas corpus (D.E. 1); and DENIES Petitioner a certificate of
appealability. The Court further DIRECTS the Clerk to close this case after
entering the accompanying judgment.
It is so ORDERED.
SIGNED this 9th day of January, 2017.
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Hilda Tagle
Senior United States District Judge
Randle was convicted of evading arrest or detention using a vehicle, a third degree felony, and as a
habitual felony offender. (D.E. 12-14, Page 56). The indictment indicates Randle was previously
convicted of two felonies: bail jumping on August 31, 2004 and aggravated assault on January 15,
2009. (D.E. 12-14, Pages 48-49). At sentencing, Randle pled true to the habitual felony offender
enhancement as stated in the indictment, (D.E. 12-2, Pages 14-15 and D.E. 12-14, Page 56), which
would enhance the penalty to a term of 25-99 years. See Tex. Penal Code § 12.42.
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