State of Washington v. Reed J. Alefteras ( 2022 )

FILED
APRIL 19, 2022
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
STATE OF WASHINGTON, ) No. 37925-6-III
)
Respondent, )
)
v. ) UNPUBLISHED OPINION
)
REED J. ALEFTERAS, )
)
Appellant. )
LAWRENCE-BERREY, J. — Reed Alefteras appeals the trial court’s order denying
his CrR 7.8 motion for relief, which would have allowed him to withdraw his guilty plea.
He raises four arguments on appeal, two of which he did not raise below. We disagree
with his two preserved arguments, do not review his two unpreserved arguments, and
affirm the trial court.
FACTS
Reed Alefteras was employed as a bail bond recovery agent when he and three
colleagues attempted to recover two subjects at a motel in Spokane. The men were
authorized to detain Shanda Hanson and Gary Todd; Ms. Hanson was in a room at the
motel with another man, Justin Jordan, who the bail bond recovery agents had no
authority to detain.
The four agents, armed with firearms, ordered Mr. Jordan out of the room by name
and threatened to kill him. When he did not emerge, Mr. Alefteras broke a window and
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State v. Alefteras
another bail bond recovery agent threw oleoresin capsicum1 into the room and then forced
the door open and entered the room. The agents detained Mr. Jordan in handcuffs and
interrogated him about the location of Mr. Todd; they offered to release Mr. Jordan in
exchange for information. Ms. Hanson was also handcuffed and escorted from the area.
Charges and plea agreement
On February 23, 2017, Mr. Alefteras and two of his fellow bail bond recovery
agents were charged with unlawful imprisonment and second degree assault of Mr.
Jordan. A charge of first degree burglary was added on August 31, 2017. The probable
cause statement for the charges was an affidavit of facts authored by Detective Lonnie
Tofsrud. The statement was based on Detective Tofsrud’s viewing of footage from a
body camera worn by one of the bail bond recovery agents, his interview with Ms.
Hanson, and the expert opinion of Mike Rocha, a trainer and subject authority in the bail
bond recovery industry. In Mr. Rocha’s opinion, the bail bond recovery agents’ entry into
the motel room did not meet industry standards.
In 2016, Mr. Alefteras had also been charged with first degree robbery and fourth
degree assault in an unrelated incident. While the current case was pending, he was
1
Oleoresin capsicum is a pepper spray used to disrupt a subject’s bodily functions
with transient effects.
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found guilty on both counts by a jury on January 25, 2018. He was sentenced to 31
months’ confinement on the charges on March 1, 2018.
After Mr. Alefteras was convicted in the robbery case, he entered into a plea
agreement with the State in this case in which he would plead guilty to armed criminal
mischief against property in violation of RCW 9A.84.010(1) and (2)(b) and the State
would recommend a sentence of seven days’ time served. One of Mr. Alefteras’s
codefendants accepted a similar deal. The amended information charged the crime:
CRIMINAL MISCHIEF, committed as follows: That the defendant, REED
J. ALEFTERAS, in the State of Washington, on or about September 14,
2016, being armed with a firearm, a deadly weapon, while acting with three
or more persons, did knowingly and unlawfully, participate in the use of
force against property, to-wit: room 161, belonging to the Econolodge
Motel.
Clerk’s Papers (CP) at 48.
Mr. Alefteras completed a statement on plea of guilty with his attorney. In the
statement, he acknowledged he understood he had been charged with criminal mischief
and was informed the elements were: “On 9-14-16, while armed with a firearm, acting
with 3 or more persons, [defendant] participated in use of force against property.” CP at
50. The statement also indicated: “I plead guilty to: count 1 criminal mischief . . . in the
amended information. I have received a copy of that Information.” CP at 63. Mr.
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Alefteras agreed in the statement that the court could review the statement of probable
cause to establish a factual basis for his plea.
Guilty plea proceedings
At the change of plea and sentencing hearing on March 2, 2018, the court first
reviewed the new charge with Mr. Alefteras:
THE COURT: . . . I want to make sure you understand all of this.
The first one I’m going to start with is the amended information. The
original information had three counts. This one is now charging you with
criminal mischief. It’s my understanding you were going to be pleading
guilty to that, is that correct?
[Mr. Alefteras]: Yes, your Honor.
THE COURT: Have you had the opportunity to go through this
amended information with your attorney?
[Mr. Alefteras]: I have, your Honor.
THE COURT: Do you understand the elements of the crime that you
will be pleading to here today?
[Mr. Alefteras]: I do, your Honor.
THE COURT: Do you have any concerns for that?
[Mr. Alefteras]: I do not.
Report of Proceedings (RP) (Mar. 2, 2018) at 6-7. The court next discussed Mr.
Alefteras’s statement on plea of guilty and confirmed he had read it with his attorney and
had no questions. The court listed his constitutional rights and questioned Mr. Alefteras:
THE COURT: . . . Did you understand those rights?
[Mr. Alefteras]: I did, your Honor.
THE COURT: Do you understand by entering a plea today, you are
giving those up or waiving those rights?
[Mr. Alefteras]: Yes.
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THE COURT: Is that what you want to do here today?
[Mr. Alefteras]: Yes.
THE COURT: Waive your rights and enter this guilty plea.
[Mr. Alefteras]: I do.
RP (Mar. 2, 2018) at 8-9. The court informed Mr. Alefteras of the possible sentencing
consequences and confirmed he understood that it did not have to abide by the State’s
recommendation of credit for time served. The court discussed the factual basis for Mr.
Alefteras’s plea:
THE COURT: In addition, I have to have a factual basis to accept
[your guilty plea]. In other words what the facts say [you] did, you have to
meet what it is that you’re pleading to. Or there needs to be a legal basis for
me to accept it. So your statement indicates that I can rely on the probable
cause affidavit and that there is a factual basis for this. Do you agree with
that?
[Mr. Alefteras]: Yes.
THE COURT: Do you understand what it means for me to rely on
the probable cause statement?
[Mr. Alefteras]: I believe so. You rely upon the police report.
THE COURT: Correct. Is that acceptable to you?
[Mr. Alefteras]: Yes.
THE COURT: Do you agree that there are sufficient [ ] facts in that
probable cause affidavit to find you guilty of criminal mischief?
[Mr. Alefteras]: I do.
THE COURT: I concur with that. After reading it, I do find it meets
the elements of criminal mischief. . . .
RP (Mar. 2, 2018) at 10-11. The court confirmed Mr. Alefteras’s criminal history and
accepted his guilty plea:
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THE COURT: All right. Sir, with regards to the original charge of
criminal mischief committed on or about September 14th, 2016 here in
Spokane County, Washington, how do you plead?
[Mr. Alefteras]: Guilty.
THE COURT: Is that a free and voluntary plea?
[Mr. Alefteras]: Yes.
THE COURT: Has anybody threatened you or anybody else to get
you to enter this plea?
[Mr. Alefteras]: No.
THE COURT: Has anybody promised you anything other than,
perhaps, the recommendation of sentencing by the state, to get you to enter
this plea?
[Mr. Alefteras]: No.
THE COURT: So sir, what I can tell you is based upon what you
told me today, I find your plea is knowing and voluntary, that you know
what you’re doing. I have a factual basis to accept your plea and so I will
do that. . . .
RP (Mar. 2, 2018) at 12-13. The court sentenced Mr. Alefteras to the recommended
seven days’ confinement with credit for time served.
Postguilty plea developments
After Mr. Alefteras and one codefendant pleaded guilty to criminal mischief, the
remaining codefendant proceeded to trial on the original charges and was acquitted after
successfully arguing self-defense.
In mid-January 2018, the Spokane Police Department began an internal affairs
(IA) investigation after Detective Tofsrud informed a Spokane County deputy prosecutor
that Corporal Jeff McCollough of the Spokane Police Department lied in a report; the
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report concerned the arrest of a confidential informant used by Detective Tofsrud. The
State ultimately did not take the case against the confidential informant forward, based in
part on the allegation Corporal McCollough lied in his report. It placed Corporal
McCollough on its list of officers being investigated for untruthfulness and made a
complaint to the Spokane Police Department. As a result of the investigation into
Corporal McCollough’s untruthfulness, the investigators alleged violations against
Detective Tofsrud and his supervisor. The IA report was completed on March 28, 2018.
On May 22, 2018, an administrative review panel sustained the four allegations of
violations of professional and ethical standards against Detective Tofsrud. The
department issued a letter of reprimand, to which Detective Tofsrud responded on
July 24, 2018.
On August 30, 2018, the Spokane County Prosecuting Attorney’s Office placed
Detective Tofsrud on its “Potential Impeachment Disclosure List” as required by Brady v.
Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), based on the
administrative review panel’s sustained finding Detective Tofsrud knowingly made
“false, misleading or malicious statements that are reasonably calculated to harm or
destroy the reputation, authority, or official standing of the [Spokane Police D]epartment
or members thereof.” CP at 178.
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CrR 7.8 motion for relief from judgment
On March 4, 2019, Mr. Alefteras filed a motion for relief from his judgment and
sentence and requested to withdraw his guilty plea. In the motion, he argued there was no
factual basis for the plea under CrR 4.2 because the statement of probable cause
established he had authority to use force to enter the room to apprehend Ms. Hanson. He
argued the plea was not knowing, voluntary, and intelligent because the documents did
not apprise Mr. Alefteras of the sentencing consequence of community custody. He
argued he was not apprised that self-defense was an affirmative defense to his original
charges and thus counsel was constitutionally ineffective. Finally, he argued the State
failed to disclose material Brady evidence about Detective Tofsrud.
The State responded that Mr. Alefteras had provided no evidence to rebut the
presumption, established by his written statement of guilty plea, that his plea was
voluntary. It argued there was sufficient evidence to support a finding of unlawful use of
force against property and there did not need to be a finding beyond a reasonable doubt
for a guilty plea. The State pointed out that community custody was not a possible
sentencing consequence for criminal mischief against property, only against persons, and
so Mr. Alefteras was accurately informed of the sentencing consequences. It argued Mr.
Alefteras had failed to provide any evidence he was not aware of the availability of self-
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defense as an affirmative defense. Finally, the State argued that it was not required to
disclose Brady material before a guilty plea nor was there any Brady material to disclose
regarding Detective Tofsrud at the time Mr. Alefteras entered his guilty plea.
On July 24, 2020, Mr. Alefteras filed a declaration stating that he did not
understand the difference in what the State needed to prove in order to convict him of the
three original charges versus the charge of criminal mischief against property. He had
never been informed that he could argue self-defense in regard to the original three
charges and, had he known, he would not have pleaded guilty to any of the charges. He
was not aware he could have been sentenced to community custody and would not have
pleaded guilty if he knew that was a possibility. He now understood the affidavit of facts
did not establish the elements to convict him of criminal mischief and he did not believe a
jury would have sufficient evidence to convict him based on the facts established at the
plea.
CrR 7.8 motion hearing
On October 23, 2020, at a combined hearing on Mr. Alefteras’s CrR 7.8 motion
and that of his codefendant, who also sought to withdraw his guilty plea, the court heard
testimony from the trial attorneys for both defendants and the defendants themselves. Mr.
Alefteras argued that the bail bond recovery agents had lawful authority to use force to
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No. 37925-6-III
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enter the room because they were recovering Ms. Hanson and therefore there was no
factual basis to find the use of force unlawful. He argued it was a denial of due process
not to disclose information about the investigation into Detective Tofsrud, but
acknowledged that Supreme Court precedent held that Brady disclosure was not required
before trial prior to or during plea negotiations. He suggested the Washington
Constitution demanded more openness of the government.
The court first addressed the voluntariness of the pleas, noting that it had not been
provided transcripts from the guilty pleas and that regarding the court’s specific
recollection of what happened,
I don’t have that recollection. What I can tell you is I go through
constitutional rights with each and every defendant that pleads guilty in
front of me, asking them if they understand those rights and asking them if
they are still wishing to plead guilty giving up those rights.
RP (Oct. 23, 2020) at 52. The court pointed to case law that held that when the court
orally inquires into voluntariness, “the presumption of voluntariness is almost well-nigh
irrefutable.” RP (Oct. 23, 2020) at 52. Because there was no evidence the court had not
followed its usual procedure, it concluded that “voluntariness is not in question.”
RP (Oct. 23, 2020) at 52-53.
Addressing whether the pleas were knowingly and intelligently entered into, the
court noted that “[t]he factual basis for removing or withdrawing a guilty plea is not
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proof beyond on a reasonable doubt. Again, it’s not the trial proof. But the facts must set
forth the elements of the crime.” RP (Oct. 23, 2020) at 53. The court accepted that the
bail bond recovery agents had a lawful right to enter the room but noted that in the
probable cause affidavit Mr. Rocha “specified that based upon industry standards, the
force was excessive.” RP (Oct. 23, 2020) at 53. It stated that while the evidence
“certainly is refutable [if] argued at trial, this is not a trial, it’s a guilty plea that was being
entered.” RP (Oct. 23, 2020) at 53-54.
The court further discussed a bail bond recovery agent’s privilege to enter
buildings:
I agree, case law does indicate that bondsmen do have a limited
common law privilege to enter dwellings to enforce their duties or the
responsibility of taking into custody the person that they are looking for.
But this privilege is limited to acting reasonably. Within the probable cause
affidavit there are sufficient facts to show that they were not acting
reasonably. Again, this isn’t trial that I’m dealing with. The facts in the
probable cause affidavit are used for purposes of accepting a plea. So the
use of force is a privilege, and it is not unlimited, and potentially criminal
responsibility can arise from that. Which is where these two gentlemen
found themselves in their pleas. From my perspective, there are sufficient
facts and not a lack of information within the probable cause affidavit to
support these pleas.
RP (Oct. 23, 2020) at 54.
The court agreed with the State that community custody was not an available
punishment for criminal mischief against property and “the failure of the court to advise
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the defendants on something that wasn’t an option for them is not, in my perspective, a
basis to set aside this plea.” RP (Oct. 23, 2020) at 55. The court also rejected the failure
to advise the defendants of their self-defense rights as a basis to set aside the pleas
because
that’s not part of the court’s responsibility in a guilty plea. The court does
not address negotiations between the State and the defense. The court
certainly doesn’t get into the middle of what the advice between defense
counsel and defendant are.
The court’s concern is whether the defendant knows what it is that
they’re entering into, knows the consequences, and are doing it voluntarily.
Based upon that, again, there’s no case law that I saw that says the court is
supposed to be advising the defendants of their self-defense rights.
RP (Oct. 23, 2020) at 55. The court opined:
Hindsight is 20/20. It’s always easy to look back and say, well, gee,
if I’d only thought of that I would have made a different decision. That
doesn’t help. It’s easy to make a decision after the fact, after knowing what
happened, after knowing that another codefendant went to trial and
prevailed with a jury. It doesn’t change this court’s perspective that the
plea was knowingly, voluntarily and intelligently made, and that defense
counsel did not do anything to prevent that knowledge from being provided
to his client.
RP (Oct. 23, 2020) at 57. The court concluded that based on the testimony it heard, it
could not find “that they were not properly advised of the consequences of their actions in
entering these pleas.” RP (Oct. 23, 2020) at 58.
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The court finally addressed the disclosure of impeachment information about
Detective Tofsrud, finding there was no evidence that the State was aware of Detective
Tofsrud’s situation as a Brady officer until after the defendants entered their pleas. It
also noted that Supreme Court precedent indicated the government had no responsibility
to disclose Brady information at a plea negotiation.
The court concluded:
Based upon all of that information, I do not find a basis to set aside
either defendant’s guilty pleas. I do find that the pleas were knowing,
voluntarily and intelligently made, and that the defendants’ motions to
vacate their pleas at this point in time are denied.
RP (Oct. 23, 2020) at 58.
The court entered written findings of fact and conclusions of law and an
order denying Mr. Alefteras’s motion to withdraw his plea. The findings of fact
and conclusions of law reflected its oral ruling. It explicitly incorporated its oral
ruling in its conclusions of law.
Mr. Alefteras timely appealed to this court.
ANALYSIS
A. CrR 7.8 MOTION TO WITHDRAW GUILTY PLEA
Mr. Alefteras contends the trial court erred by denying his CrR 7.8 motion for
relief from judgment because his guilty plea was involuntary. We disagree.
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1. Actual and substantial prejudice
We review a court’s decision on a CrR 7.8 motion to withdraw a guilty plea for
abuse of discretion. State v. Lamb, 175 Wn.2d 121, 127, 285 P.3d 27 (2012). “A trial
court abuses its discretion if its decision ‘is manifestly unreasonable or based upon
untenable grounds or reasons.’” Id. (quoting State v. Powell, 126 Wn.2d 244, 258, 893
P.2d 615 (1995)). Where a trial court weighs evidence following a CrR 7.8 hearing, we
review its findings of fact for substantial evidence and its conclusions of law de novo.
State v. Schwab, 141 Wn. App. 85, 91, 167 P.3d 1225 (2007). Unchallenged findings of
fact are treated as verities on appeal. State v. Escalante, 195 Wn.2d 526, 531, 461 P.3d
1183 (2020).
Where a motion to withdraw a plea is made after judgment is entered, a defendant
must also meet the requirements of CrR 7.8; demonstrating a manifest injustice alone is
not enough. CrR 4.2(f); Lamb, 175 Wn.2d at 128. In a collateral attack under CrR 7.8, a
defendant must show actual and substantial prejudice even when asserting “constitutional
errors that might be presumed prejudicial on direct review.” State v. Buckman, 190
Wn.2d 51, 64, 409 P.3d 193 (2018). To show actual and substantial prejudice in a
CrR 7.8 motion to withdraw a guilty plea, a defendant “must show that the outcome of the
guilty plea proceedings would more likely than not have been different had the error not
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occurred.” Id. at 60. Specifically, the defendant must “show that a rational person in his
circumstances would have declined to plead guilty and would more likely than not have
gone to trial.” Id. at 58.
Mr. Alefteras stated in his declaration that he would not have pleaded guilty had he
known of the availability of a self-defense argument regarding the original three crimes or
the possibility of community custody at sentencing. What he would have done is not the
relevant inquiry. Rather, Mr. Alefteras must demonstrate that had a rational person in his
circumstances been advised that self-defense was an available defense, the person would
not have pleaded guilty and would have gone to trial. We are unconvinced that a rational
person in Mr. Alefteras’s circumstances, but advised that self-defense was an available
defense, would have risked going to trial on several serious charges rather than plead
guilty to a lesser charge and serve no further jail time. We conclude the trial court did not
err in denying Mr. Alefteras’s CrR 7.8 motion.
Yet the trial court did not deny Mr. Alefteras’s motion for his failure to
demonstrate actual and substantial prejudice. For this reason, we elect to address some of
Mr. Alefteras’s arguments on appeal. What follows is dictum.
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2. Manifest injustice
Under CrR 4.2(f), a trial court must allow a defendant to withdraw his guilty plea
if it is necessary to correct a manifest injustice. A manifest injustice is one that is
“obvious, directly observable, overt or not obscure.” State v. Taylor, 83 Wn.2d 594, 598,
521 P.2d 699 (1974). A showing that a plea was involuntary establishes a manifest
injustice. Id. at 597.
Mr. Alefteras advances two arguments as to why his guilty plea was not knowing,
voluntary, and intelligent in his CrR 7.8 motion. He first argues the detective’s affidavit
of facts did not establish his use of force was unlawful and so he did not fully understand
the law in relation to the facts. He next argues he was not fully apprised of the elements
of criminal mischief because his statement on plea of guilty omits the element of acting
unlawfully.
A guilty plea is not truly voluntary “‘unless the defendant possesses an
understanding of the law in relation to the facts.’” In re Pers. Restraint of Keene, 95
Wn.2d 203, 209, 622 P.2d 360 (1980) (quoting McCarthy v. United States, 394 U.S. 459,
466, 89 S. Ct. 1166, 22 L. Ed. 2d 418 (1969)). “When a defendant completes a plea
statement and admits to reading, understanding, and signing it, this creates a strong
presumption that the plea is voluntary.” State v. Smith, 134 Wn.2d 849, 852, 953 P.2d
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810 (1998). When a judge proceeds to inquire orally of the defendant and is satisfied
“‘on the record of the existence of the various criteria of voluntariness, the presumption
of voluntariness is well nigh irrefutable.’” State v. Branch, 129 Wn.2d 635, 642 n.2, 919
P.2d 1228 (1996) (quoting State v. Perez, 33 Wn. App. 258, 261-62, 654 P.2d 708(1982)). When reviewing a challenge to the factual basis for a guilty plea, we evaluate
whether sufficient evidence exists that would sustain a jury’s finding of guilt. State v.
Bao Sheng Zhao, 157 Wn.2d 188, 198, 137 P.3d 835 (2006). We now address Mr.
Alefteras’s two arguments why his guilty plea was involuntary.
a. Claim of not intelligent plea because statement of facts show
his force was lawful
Mr. Alefteras argues that because bail bond recovery agents have authority to enter
a dwelling to recover a fugitive, his use of force in breaking the hotel window so another
agent could deploy pepper spray into the room was lawful. He contends the trial court
substituted a standard of reasonableness for a standard of lawfulness. We disagree.
The trial court’s discussion of reasonableness was regarding a bail bondsman’s
limited common law privilege to use force to take a person into custody. Division One of
this court discussed that privilege in Applegate v. Lucky Bail Bonds, Inc., 197 Wn. App.
153, 155, 387 P.3d 1128 (2016), holding that the Restatement (Second) of Torts §§ 205
and 206 correctly stated the scope of a bail bond recovery agent’s privilege to enter land
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and dwellings. This is a limited privilege; an actor who exercises the privilege
unreasonably is subject to liability for harm caused by his unreasonable conduct.
RESTATEMENT (SECOND) OF TORTS § 214(1) (AM. LAW INST. 1965). Thus, the
reasonableness of Mr. Alefteras’s actions, as established by the detective’s statement of
facts, speaks directly to whether he exceeded his common law privilege and acted
unlawfully. Because a reasonable trier of fact could have agreed with the State’s expert
that Mr. Alefteras exceeded his privilege, we conclude the statement of facts supports Mr.
Alefteras’s plea.
b. Claim of unknowing plea because not apprised of an element
of the charged crime
Mr. Alefteras argues his plea was not knowing because he was not apprised of an
element of criminal mischief—that the use of force against property was unlawful. In
support of his argument, he points to his statement of plea of guilty, which omits this
element.
Mr. Alefteras did not raise this argument to the trial court. We generally do not
address issues raised for the first time on appeal. Mr. Alefteras identifies no basis on
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which we should do so here. See RAP 2.5(a). We therefore decline to address this issue.2
B. RELIABILITY OF DETECTIVE TOFSRUD’S AFFIDAVIT
For the first time on appeal, Mr. Alefteras challenges the trial court’s use of the
detective’s statement of facts.
Mr. Alefteras seems to argue the trial court had a nondiscretionary duty to sua
sponte inquire into Detective Tofsrud’s reliability before it used the statement of facts to
establish a factual basis for Mr. Alefteras’s guilty plea. He provides no authority
supporting this proposition, and the argument was not raised in Mr. Alefteras’s CrR 7.8
motion. Again, we generally decline to review issues raised for the first time on appeal.
Mr. Alefteras identifies no basis on which we should do so here. See RAP 2.5(a). We
therefore do not address the issue further.
C. BRADY VIOLATION
Mr. Alefteras contends the trial court erred in not granting his CrR 7.8 motion
based on his contention the State improperly withheld Brady evidence; specifically, that
IA was investigating Detective Tofsrud for potential dishonesty. We disagree.
2
Mr. Alefteras’s argument is contradicted by his multiple acknowledgements of
having received, read, and understood the amended information, which correctly stated
the elements of criminal mischief, including that the use of force against property was
unlawful.
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In Brady, the Supreme Court held that criminal defendants have a due process
right to receive material, favorable evidence from the prosecution as part of their
constitutionally guaranteed right to a fair trial. Brady, 373 U.S. at 87. This includes
impeachment evidence. Giglio v. United States, 405 U.S. 150, 154, 92 S. Ct. 763, 31 L.
Ed. 2d 104 (1972).
A defendant pleading guilty, however, forgoes many constitutional guarantees,
including a fair trial. United States v. Ruiz, 536 U.S. 622, 628, 122 S. Ct. 2450, 153 L.
Ed. 2d 586 (2002). Because of the seriousness of forfeiting these constitutional rights,
guilty pleas must be voluntary and entered knowingly, intelligently, and “‘with sufficient
awareness of the relevant circumstances and likely consequences.’” Id. at 629 (quoting
Brady, 397 U.S. at 748). Impeachment evidence, however, goes to the fairness of a trial,
not the voluntariness of a guilty plea. Id. Thus, “the Constitution does not require the
Government to disclose material impeachment evidence prior to entering a plea
agreement with a criminal defendant.” Id. at 633. For this reason, the State was not
required to produce Brady evidence prior to Mr. Alefteras’s plea.
At the hearing on his CrR 7.8 motion, Mr. Alefteras conceded Ruiz held that Brady
evidence did not need to be disclosed before a plea agreement, but suggested the
Washington Constitution provided greater protections. On appeal, he does not argue that
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No. 37925-6-III
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point or provide a Gunwal/3 analysis. We therefore may not review this issue. Clark
County v. W Wash. Growth Mgmt. Hr 'gs Bd., 177 Wn.2d 136, 143, 298 P .3d 704 (2013 ).
Affirmed.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to
RCW 2.06.040.
WE CONCUR:
Zlti/4
Siddoway, C . J . ~
~ ``- Fearing, l )
3
State v. Gunwall, 106 Wn.2d 54, 62-63, 720 P.2d 808 (1986) (Washington courts
will not analyze whether state constitutional protections are greater than federal
constitutional protections without an analysis of six nonexclusive factors, known as
Gunwall factors).
21