State of Washington v. Manuel Argomaniz-Camargo

CourtCourt of Appeals of Washington
DecidedJuly 17, 2018
Docket35063-1
StatusUnpublished

This text of State of Washington v. Manuel Argomaniz-Camargo (State of Washington v. Manuel Argomaniz-Camargo) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Washington v. Manuel Argomaniz-Camargo, (Wash. Ct. App. 2018).

Opinion

FILED JULY 17, 2018 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STATE OF WASHINGTON, ) ) No. 35063-1-III Respondent, ) ) v. ) ) MANUEL ARGOMANIZ-CAMARGO, ) UNPUBLISHED OPINION ) Appellant. )

KORSMO, J. — Manuel Argomaniz-Camargo appeals from the trial court’s refusal

to allow him to withdraw his guilty plea to the charge of first degree murder of his

girlfriend, arguing that his counsel did not competently argue his position. The problem

with Mr. Argomaniz-Camargo’s case was with his argument, not his counsel’s

performance. We affirm.

FACTS

A Washington State Patrol officer encountered Mr. Argomaniz-Camargo, covered

in blood and carrying a small child, walking in the rain along the shoulder of Interstate 90

shortly after midnight on March 1, 2016. He was not wearing a shirt or shoes, although

he had on a light coat and his socks. A mile away, law enforcement discovered a grisly

crime scene at a vehicle parked on the side of the highway. Its doors and hatch were

open, while some windows were broken out. No. 35063-1-III State v. Argomaniz-Camargo

A woman’s battered body lay on the ground near the vehicle, partially in the lane

of travel, with her clothes in disarray. A hammer rested underneath the body, while a

screwdriver was protruding from her chest. Knife wounds also were visible.1 A rag had

been stuffed in the vehicle’s gasoline fill spout and had been lit on fire. The vehicle,

however, did not burn.

The victim was Ana Veronica Motelongo Garcia, Mr. Argomaniz-Camargo’s

girlfriend, and the mother of the couple’s child. In statements that were later suppressed

by the trial court, Mr. Argomaniz-Camargo told officers that he had driven from Chicago

and used methamphetamine to stay awake. He became paranoid and subject to

hallucinations, which led to the attack on Ms. Motelongo Garcia.

A charge of first degree murder, along with two aggravating factors, was filed. An

assistant attorney general was appointed to handle the prosecution. Attorney Michael

Morgan, assisted by Kyle Smith, was appointed to represent Mr. Argomaniz-Camargo.

Spanish language interpreters also worked with him.

The parties entered into plea negotiations, but Mr. Argomaniz-Camargo would not

agree to a sentence in excess of 15 years, so discussions broke down. The defense

prepared for trial and investigated potential defenses of diminished capacity, voluntary

intoxication, and self-defense. A psychologist, Dr. Gregory Wilson, examined the

1 In briefing, the prosecutor told the trial court that the victim was stabbed 28 times. Clerk’s Papers at 71.

2 No. 35063-1-III State v. Argomaniz-Camargo

defendant, but was unable to find evidence to support the diminished capacity or

intoxication defenses. The attorneys believed that self-defense was a weak claim since

their client had suffered only a small cut on his finger.

The State made a plea offer, but Mr. Argomaniz-Camargo allowed the deadline to

pass without accepting it. However, a week or so after the deadline, he decided to plead

to the expired plea offer. The State agreed to renew its offer and a written plea agreement

was entered. The information was amended to add a deadly weapon enhancement and a

charge of possession of a controlled substance, but the two aggravating circumstances

were deleted. The plea agreement recognized that the State would recommend a high-

end sentence of 357 months and Mr. Argomaniz-Camargo could argue for a low-end

sentence of 274 months.

The court accepted the defendant’s plea of guilty to the amended charges on

August 30, 2016; sentencing was scheduled for October 4. On September 16, Mr.

Argomaniz-Camargo advised the court that he wanted to withdraw his guilty plea. He

claimed that his attorneys confused him and had not investigated the case properly.

Attorneys Morgan and Smith withdrew. Tim Trageser was appointed to represent Mr.

Argomaniz-Camargo.

Mr. Trageser filed a motion to withdraw the guilty plea. The motion was

predicated on his client’s claim that his previous attorneys had coerced him into pleading

guilty and that they provided ineffective assistance in their investigation of the case

3 No. 35063-1-III State v. Argomaniz-Camargo

against him. The motion also noted that neither of the attorneys agreed with their client’s

allegations. It asked for a fact-finding hearing so that Mr. Argomaniz-Camargo could

testify to his evidence in support of a self-defense theory for withdrawing the guilty plea.

Counsel noted that nothing in the discovery provided any additional support for that

theory. An amended motion was filed after Mr. Trageser had conducted additional

investigation requested by his client. In that motion, counsel noted that his review of the

telephone records did not provide support for his client’s motion.

The court granted the hearing and heard testimony from the two defense attorneys,

both of whom denied pressuring or coercing their client. Mr. Smith explained that Mr.

Argomaniz-Camargo had unrealistic expectations that he could serve little or no time for

the killing and that the charge might even be dismissed. Smith used a hypothetical that

asked his client whether, if someone had killed a member of his family, he thought it

would be reasonable for the killer to get the charges dismissed. Mr. Argomaniz-Camargo

said no.

The defendant also testified that he had repeatedly asked Mr. Morgan to show him

the “entire file” and was constantly rebuffed. He also claimed to have insisted to Morgan

that he wanted to go to trial and would be told what a bad idea it was. Mr. Trageser

argued the motion to the court, asking the judge to find his client credible, but did so

without disparaging Morgan and Smith.

4 No. 35063-1-III State v. Argomaniz-Camargo

The court issued its ruling in the open courtroom and blistered Mr. Argomaniz-

Camargo’s credibility and handling of plea negotiations. Finding that Morgan and Smith

provided “excellent representation,” the court denied the motion. Sentencing was set

seven weeks later.

At sentencing, Mr. Trageser stated that his client had been “very well-represented”

by Morgan and noted that the plea withdrawal motion “was problematic.” He asked the

court for the low-end sentence. The trial judge, however, imposed the top-end sentence

of 357 months, a figure that included the 24 month deadly weapon enhancement.

Mr. Argomaniz-Camargo timely appealed to this court. A panel considered the

appeal without hearing argument.

ANALYSIS

This appeal raises the sole issue of whether attorney Trageser rendered ineffective

assistance by his argument of the new trial motion. The appellate argument confuses

effective representation with unrealistic overzealousness. Because he cannot show

deficient performance, his argument fails.

The standards governing review of this claim have long been settled. CrR 4.2(f)

permits a guilty plea to be withdrawn whenever “necessary to correct a manifest injustice.”

The appropriate standard for applying this rule was set out in State v. Taylor, 83 Wn.2d 594,

596, 521 P.2d 699 (1974):

5 No. 35063-1-III State v. Argomaniz-Camargo

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Strickland v. Washington
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State Ex Rel. Carroll v. Junker
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In Re the Personal Restraint of Peters
750 P.2d 643 (Court of Appeals of Washington, 1988)
State v. Bridgeforth
750 P.2d 3 (Arizona Supreme Court, 1988)
State v. Taylor
521 P.2d 699 (Washington Supreme Court, 1974)
State v. Cameron
633 P.2d 901 (Court of Appeals of Washington, 1981)
State v. Olmsted
422 P.2d 312 (Washington Supreme Court, 1966)
State v. Chavez
257 P.3d 1114 (Court of Appeals of Washington, 2011)
State v. Jamison
20 P.3d 1010 (Court of Appeals of Washington, 2001)
State v. Jamison
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State v. Lujan
688 P.2d 548 (Court of Appeals of Washington, 1984)

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