In re Pers. Restraint of Keldy Adalid Granados

FILED FEBRUARY 8, 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 In Matter of the Personal Restraint of ) ) No. 33866-5-III KELDY ADALID GRANADOS, ) ) Petitioner. ) UNPUBLISHED OPINION ) SIDDOWAY, J. — Through retained counsel, Keldy Granados seeks relief from personal restraint resulting from his 2015 Franklin County bench trial conviction of unlawful possession of methamphetamine. He contends the evidence against him was insufficient including because, under the doctrine of corpus delicti, the trial court should not have considered his uncorroborated confession. Alternatively, he seeks a new trial No. 33866-5-III In re Pers. Restraint of Granados because he never knowingly, voluntarily and intelligently waived trial by jury and because his Spanish-speaking lawyer interpreted critical court documents without being statutorily qualified or certified to do so. The evidence against him was sufficient. We reject his argument that his unwitting waiver of trial by jury in what was substantially a stipulated facts trial was structural error. Because he fails to make the showing of prejudice that is required on collateral review, we dismiss the petition. FACTS AND PROCEDURAL BACKGROUND In December 2013, the State charged Keldy Granados with unlawful possession of methamphetamine, a class C felony, to which Mr. Granados pleaded not guilty. In early 2014, attorney George P. Trejo, Jr. began representing Mr. Granados and reached an agreement with the State to transfer proceedings from superior court to the Franklin County District Court, so that Mr. Granados could apply for the felony diversion program administered by that court. At a hearing taking place on March 5, 2014, Mr. Granados, who is Spanish speaking only, applied for the felony diversion program on a three-page, single-spaced “Application to the Felony Diversion Program and Waiver of Arraignment, Preliminary Appearance and Speedy Trial.” Mot. to Vacate under CrR 7.8 (CrR 7.8 Mot.), Ex. 3. The application form is in English. It includes multiple signature lines: one for the defendant, who declares that he or she has read or been read all of its 13 paragraphs; one 2 No. 33866-5-III In re Pers. Restraint of Granados for the defendant’s lawyer, who attests to reviewing the application with the defendant and being satisfied the defendant understands it; one for the prosecutor, who agrees to submit the case to the diversion program; and one for the court, in order to make a finding that the agreement has been entered knowingly and voluntarily by the defendant. Mr. Granados, Mr.Trejo, and the prosecutor had all signed the application. The application form also includes an “Interpreter’s Declaration” that had been completed by Mr. Trejo. It states: I am a certified interpreter or have been found otherwise qualified by the court to interpret in the * language, which the defendant understands, and I have translated this entire document for the defendant from English into that language. The defendant has acknowledged his or her understanding of both the translation and ...

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