Weizenecker

MEMORANDUM **

We affirm the district court’s denial of Donald Weizenecker’s habeas petition.

We assume for purposes of decision, but do not decide, that Weizenecker’s trial counsel misinformed him as to what sentence he could expect with his pleas of guilty. If so, this misinformation was corrected at the plea colloquy by the prosecutor, the court, and the written plea agreement. Weizenecker acknowledged his understanding when the court inquired, and when he signed the plea agreement. Thus, even if trial counsel was deficient in his performance, Weizenecker cannot show prejudice.

Weizenecker’s due process rights were not violated by the way in which the trial court advised him of the consequences of his plea. The court instructed him that he was facing a maximum penalty of life in prison, with the possibility of parole “after 20 years have been served.” This, along with the prosecutor’s explanation, was enough to inform Weizenecker that he was facing a mandatory minimum sentence of twenty years.

Weizenecker’s counsel was not deficient in her performance at the sentencing hearing. Trial counsel could not argue for probation for Weizenecker on the lewdness count because the…