Travasso

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

Petitioner seeks a writ of habeas corpus under 28 U.S.C. § 2254 challenging the validity of his guilty plea in the Superior Court of the State of California in and for the County of Santa Clara. He claims that his plea was not valid because the trial court misadvised him on the sentence he faced if he risked going to trial and because he entered the plea without effective assistance of counsel. Per order filed on February 24, 2000, the court found that the claims were cognizable under § 2254 and ordered respondent to show cause why a writ of habeas corpus should not be granted. Respondent has filed an answer to the order to show cause and petitioner has filed a traverse.

STATEMENT OF FACTS

On the night of May 30, 1997, petitioner was identified by a City of San Jose police officer as matching the description of a person involved in a disturbance at Yok-ohana Restaurant. The officer observed petitioner driving westbound on Jackson Avenue, parking and walking towards Yok-ohana Restaurant. The officer made contact with petitioner and noticed that petitioner appeared to be under the influence of alcohol. Petitioner failed field…