State v. Amos

• Decision Date: 28 April 2020
• Docket Number: No. 50400-6-II,50400-6-II
• Parties: STATE OF WASHINGTON, Respondent, v. FORREST EUGENE AMOS, Appellant.
• Court: Washington Court of Appeals

STATE OF WASHINGTON, Respondent, v. FORREST EUGENE AMOS, Appellant.

No. 50400-6-II

COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

April 28, 2020

UNPUBLISHED OPINION

WORSWICK, J. — Forrest Amos appeals his convictions and sentence for four counts of forgery and four counts of first degree criminal impersonation. Amos argues (1) insufficient evidence supports his forgery convictions,¹ (2) he was unconstitutionally physically restrained during the trial, (3) he received ineffective assistance from his counsel regarding pretrial matters, (4) the trial court erred by allowing him to waive counsel and denying his motion to continue the trial, and (5) the trial court improperly imposed an exceptional sentence. Amos also raises a number of issues in a Statement of Additional Grounds (SAG) for Review.

We hold that (1) sufficient evidence supports Amos's forgery convictions, (2) Amos's physical restraint was harmless, (3) Amos did not receive ineffective assistance of counsel, (4) the trial court did not err by allowing Amos to waive counsel or by denying his motion tocontinue trial, and (5) Amos's sentence was properly imposed. Additionally, we hold that Amos does not raise reversible issues in his SAG. Accordingly, we affirm.

FACTS

This case arises out of Amos's attempt to file documents with the Lewis County Superior Court regarding the Lewis County prosecutor, a Lewis County deputy prosecutor, and two City of Centralia police detectives. As a result of Amos filing these documents, the State charged Amos with four counts of forgery and four counts of first degree criminal impersonation.

Amos was involved in a 2013 criminal case, a civil case, and this current criminal case. Events from the first two cases led to the charges in this case.

A. Amos's 2013 Criminal Case

In 2013, Amos was arrested and charged with multiple crimes. William Halstead was the deputy prosecutor assigned to this case, and Jonathan Meyer was the elected Lewis County prosecutor at the time. The trial court set Amos's bail at $1 million. Amos could not post bail, so he remained in Lewis County jail pending the proceeding. While Amos was awaiting trial, Centralia Police detectives executed a search warrant on Amos's jail cell. Detective Adam Haggerty and Detective Chad Withrow executed this warrant. According to Amos, the detectives took documents related to his defense that he was keeping in his cell. Amos entered a guilty plea, later claiming that he had no other options without his legal documents.²

B. Amos's Civil Case Filings That Led to this Criminal Case

Amos filed a civil lawsuit against Halstead, Meyer, Detective Haggerty, and Detective Withrow claiming that his civil rights had been violated and that he was entitled to damages. Amos then filed several handwritten documents with the Lewis County Superior Court under the 2013 criminal case number. He filed four sets of documents relating to four different individuals: Halstead, Meyer, Detective Haggerty, and Detective Withrow. Each set is identical, except for the identity and profession of the individual.

For example, the set of documents relating to Halstead contained three pages. The first page is titled "Forced Commercial Contract" and "Notice of Subrogation Bond in the Nature of RCW 7.44.040;³ 42.08.020; 42.08.080;⁴ 42.20.100.⁵" Ex. 2. The body of the page states:

William Halstead, public servant, prosecuting attorney, law merchant do hereby enter myself security for costs in the cause, and acknowledge myself bound to pay or cause to be paid all costs which may accure [sic] in this action, either to the opposite party, or to any of the officers of this Court, pursuant to the laws of this State, and/or the District of Columbia, 28 USC Sec. 3002(15)(c). See State v. Sefrit, 82 Wash. 520, 144 P. 725 (1914); State v. Yelle, 4 Wn.2d 327, 103 P.2d 372 (1940); Nelson v. Bartell, 4 Wn.2d 174, 103 P.2d 30 (1940).

Dated this 11^th day of March, 2016.

William Halstead

public servant, prosecuting attorney.

Ex. 2. (Emphasis added.)

The second page is titled "Justification of Surety Subrogation." Ex. 2. It states that Halstead personally appeared

before me, Forrest Eugene Amos, surety on the bond of William Halstead, public servant, prosecuting attorney, law merchant of the County of Lewis and Washington State who, being duly sworn, deposes and says that he is seized of his right mind, and that over and above all of his just debts and liabilities, in property not exempt by law from levy and sale under execution, of a clear unencumbered estate of the value in excess of one million $1,000,000 Dollars . . . .

Ex. 2. Amos signed the page. The page also bears a notary's seal regarding Amos's signature.

The third page is titled "Bond for Costs" and states "Subrogation Security for One Million Dollars, filed and approved the 11^th day of March, 2016." Ex. 2. Amos signed this page and the page also bears a notary's seal.

The State charged Amos with four counts of forgery and four counts of first degree criminal impersonation.

C. Pretrial Proceedings

The trial court appointed counsel for Amos. In November 2016, Amos wrote the trial court a letter requesting new appointed counsel because his current counsel was not bringing the pretrial motions Amos thought were necessary. Amos also submitted a motion to proceed pro se. At a hearing on November 23, Amos argued that he either wanted different counsel or would represent himself based on a lack of communication with his current counsel. The trial court allowed a recess for counsel and Amos to communicate, and Amos decided to remain represented by his current counsel. Following this hearing, Amos's trial counsel filed a Knapstad⁶ motion to dismiss.

On November 29, the trial court denied Amos's Knapstad motion to dismiss. Amos personally then moved for a continuance because he and counsel had not adequately discussed witnesses and trial strategy. The State told the trial court that the witnesses had been interviewed by Amos's counsel. Counsel replied, "I have talked to all of them but one—actually, two. I haven't talked to the gentleman that certified the documents, but I don't believe that's an issue." Verbatim Report of Proceedings (VRP) (Nov. 29, 2016) at 43. The trial court granted the continuance and stated, "And I'm specifically ordering [trial counsel] to make however many trips between here and Clallam Bay Corrections Facility as is necessary to properly prepare the defense in this case." VRP (Nov. 29, 2016) at 54.

At a hearing on June 1, 2017, Amos again asked to represent himself because he and trial counsel were not communicating well, trial counsel had not visited him in person, and he and trial counsel did not agree on trial strategy. Counsel responded that he and Amos had an hour-long telephone meeting to discuss issues in the case. As a result of that meeting, trial counsel brought a second Knapstad motion regarding legal efficacy of the documents. Counsel acknowledged that Amos wanted counsel to make certain arguments, but counsel stated he could not properly present all of Amos's arguments.

Amos stated that he wanted to represent himself because he had his own arguments and strategies for trial that he did not think counsel would adequately present. The trial court asked Amos if he wanted his counsel to remain as standby counsel, but Amos said, "I don't feel comfortable with [trial counsel] being that guy if you're going to appoint standby counsel." VRP (June 1, 2017) at 46-47. The trial court informed Amos of the risks and hazards of self-representation. The trial court then granted Amos's request to represent himself without standby counsel.

On June 7, 2017, the trial court and parties addressed a number of issues before trial started. These issues included Amos's motion for a continuance, Amos's request to interview witnesses, Amos's leg restraint, and the State's motions in limine.

Amos's motion for a continuance claimed that he needed additional time to interview witnesses and make pretrial motions. Amos's affidavit accompanying the motion further stated that he needed more time for discovery issues and to prepare his defense. The trial court stated that the only discovery in this case was a police report and the documents written by Amos. Amos stated that his trial counsel had not provided him any witness list or interviews. When the trial court asked which potential witnesses Amos wanted to interview, Amos stated the four complaining witnesses—Halstead, Meyer, Detective Haggerty, and Detective Withrow—and the bondholders or sureties. The State responded, "As far as the witnesses, my understanding is they have been interviewed. In talking with them they've had discussions with defense counsel I know." VRP (June 7, 2017) at 19. Nonetheless, the State suggested that, because the complaining witnesses were present for trial, Amos could take time before the trial began to interview them. The trial court gave Amos an opportunity to interview witnesses, and Amos interviewed these witnesses. The trial court denied Amos's motion for a continuance.

Amos also raised the issue of his leg restraint. The following exchange occurred:

MR. AMOS: One quick question, your Honor, before we take a recess. Is there a possibility that I can object to this leg brace being on my leg since I've got to get up and like talk to a jury and stuff? It's kind of awkward.

THE COURT: No. That's got to stay on. That's jail policy. I'm not going to direct that, because you just need to—you've got to work with it.

MR. AMOS: Right here in our jury box it's like looking directly at this side of me. I understand I've got to work with it, but I think it's still prejudicial. I've never had any kind of eludes or any kind of attempts to do anything. We have an officer right here. I mean, that's not—I'm just kind of—

THE COURT: I understand that but—

MR. AMOS: I'm just concerned about the prejudicial effect of this.

THE COURT: Well, I will tell you I didn't notice that you had anything on

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