State Of Washington, V. Rigoberto Rodriguez-macedo
CourtCourt of Appeals of Washington
Date FiledNovember 9, 2026
Docket86922-1
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
THE STATE OF WASHINGTON,
No. 86922-1-I
Respondent,
DIVISION ONE
v.
UNPUBLISHED OPINION
RIGOBERTO RODRIGUEZ-
MACEDO,
Appellant.
DÍAZ, J. — Rigoberto Rodriguez-Macedo 1 pled guilty to a murder. More than
two years later, he filed several pro se discovery motions, which the trial court
denied. He now challenges the denial, claiming for the first time that the record
lacks evidence that his extradition from California to Washington was proper. We
affirm the trial court’s orders.
I. BACKGROUND
In October 2018, Rodriguez-Macedo shot Christopher Rea during a
confrontation about a debt. He fled Washington and law enforcement arrested him
in California two days later. The King County Prosecuting Attorney’s Office had
1 Throughout the record, and in the briefing, the appellant’s name is spelled in
various ways. We will adopt the spelling used most frequently in his briefing on
appeal and in his statement of plea of guilty.
No. 86922-1-I/2
him returned to Washington and charged him with murder in the second degree
and unlawful possession of a firearm. He pled guilty to the former as charged. In
June 2021, the court sentenced him to 156 months confinement and other
conditions.
In January 2024, Rodriguez-Macedo filed several motions pro se. Among
them, he alleged that his Sixth Amendment right to counsel was violated at his
arraignment. U.S. CONST. amend VI. The superior court denied the motions.
In May and June 2024, Rodriguez-Macedo, still pro se, filed multiple notices
of appeal, challenging some combination of the denial of those motions. 2 In
December 2024, a commissioner of this court ruled that Rodriguez-Macedo’s pro
se motions “appear[] to be a challenge to trial court orders denying relief under
CrR 7.8(c)(2)” and that he should be assigned appellate counsel. 3 His assigned
counsel challenges both those orders and Rodriguez-Macedo’s extradition.
2 In November 2024, Rodriguez-Macedo also filed a CrR 7.4 motion to arrest
judgment, alleging that the court lacked jurisdiction “over his person or the
offense.” He also filed a CrR 8.3 motion to dismiss the charges. In January 2025,
he filed a motion to correct judgment, arguing that the trial court erred when it did
not credit him for time served in the county jail. Nowhere does he assign error to
these decisions, there are no orders on these motions in the record, and we
therefore do not review any such rulings.
3 For the first time in his reply brief, Rodriguez-Macedo characterizes his initial brief
as a Personal Restraint Petition. We note that our commissioner ruled that
Rodriguez-Macedo’s motions were CrR 7.8 motions, which require transfer to an
appellate court “for consideration as a personal restraint petition (PRP) unless the
motion is not time barred and ‘either the defendant has made a substantial showing
of merit or a factual hearing is required to decide the motion.’” State v. Frohs, 22
Wn. App. 2d 88, 92-93, 511 P.3d 1288 (2022) (quoting In re Pers. Restraint of
Ruiz-Sanabria, 184 Wn.2d 632, 638, 362 P.3d 758 (2015)) (citing CrR 7.8(c)(2)).
But when a trial court denies a CrR 7.8 motion, we review the denial for an abuse
of discretion. Id. at 92 (footnote omitted). We therefore review this matter as an
appeal from the denial of a CrR 7.8 motion, not as a PRP.
2
No. 86922-1-I/3
II. ANALYSIS
We hold that the court did not abuse its discretion when it denied Rodriguez-
Macedo’s discovery motions.
CrR 4.7 generally governs criminal discovery. State v. Blackwell, 120
Wn.2d 822, 826, 845 P.2d 1017 (1993). The State has an obligation to produce
discovery while a criminal case is ongoing. See CrR 4.7(a); Brady v. Maryland,
373 U.S. 83, 87, 83 S. Ct. 1194 (1963). “A Brady violation occurs when a
prosecutor suppresses ‘evidence favorable to an accused . . . where the evidence
is material either to guilt or to punishment, irrespective of the good faith or bad faith
of the prosecution.’” In re Pers. Restraint of Mulamba, 199 Wn.2d 488, 497, 508
P.3d 645 (2022) (quoting Brady, 373 U.S. at 87). The scope of criminal discovery
is within the trial court’s discretion. Blackwell, 120 Wn.2d at 826.
Because the State’s ordinary discovery obligations end when the case
concludes, a defendant seeking discovery post-conviction has a higher burden.
State v. Albright, 25 Wn. App. 2d 840, 842-43, 525 P.3d 984 (2023). A defendant
must show “a substantial likelihood the discovery will lead to evidence that would
compel relief.” Id. at 843 (internal quotations marks omitted) (quoting In re Pers.
Restraint of Gentry, 137 Wn.2d 378, 390-92, 972 P.2d 1250 (1999)). When a
defendant seeks post-conviction relief from a judgment, generally under CrR 7.8,
they must include “a concise statement of the facts or errors upon which the motion
is based.” CrR 7.8(c)(1).
Rodriguez-Macedo filed motions requesting a “Brady order,” Brady
3
No. 86922-1-I/4
sanctions, an evidentiary hearing, and in-camera review of the State’s file. 4 He
requested production of the arrest warrant, search warrant, and complaint, along
with supporting affidavits and records of proceedings.
The only factual allegation in Rodriguez-Macedo’s motions and supporting
memorandums is that his right to counsel at arraignment was violated. He alleges
that this violation allowed the State to “1) enter into the record a fraudulent probable
cause; 2) search and arrest the defendant without a complaint; 3) filed a criminal
complaint without a complainant.” He also argues for the first time on appeal that
the record lacks documentation of proper extradition from California to
Washington. 5
These alleged facts do not support a claim that the State committed a Brady
violation by suppressing favorable evidence. Mulamba, 199 Wn.2d at 497. It also
does not demonstrate that Rodriguez-Macedo has material evidence, as is
4 “No petition or motion for collateral attack on a judgment and sentence in a
criminal case may be filed more than one year after the judgment becomes final if
the judgment and sentence is valid on its face and was rendered by a court of
competent jurisdiction.” RCW 10.73.090. Rodriguez-Macedo filed his various
motions more than one year after sentencing. However, the State does not
challenge the timeliness of Rodriguez-Macedo’s request for relief and so we do
not dismiss the motions as time-barred.
5 Rodriguez-Macedo’s motions made no claim related to extradition. The trial court
rulings therefore did not address any claim that his extradition was improper. “The
appellate court may refuse to review any claim of error which was not raised in the
trial court.” RAP 2.5(a). Rodriguez-Macedo attempts to circumvent this
requirement with the argument that “seeking the trial court’s entire file regarding
his case would necessarily include any documentation purporting to validly
authorize his extradition.” But we require parties to preserve issues for appeal in
such a way as to give the trial court the opportunity to address any alleged error.
State v. Robinson, 171 Wn.2d 292, 304-05, 253 P.3d 84 (2011). Because
Rodriguez-Macedo did not remotely expressly challenge his extradition before the
trial court, the trial court could not address the issue, and so any claim of improper
extradition is waived on appeal.
4
No. 86922-1-I/5
required for an evidentiary hearing or in-camera review. See In re Pers. Restraint
of Brown, 143 Wn.2d 431, 445-46, 21 P.3d 687 (2001) (holding that to obtain an
evidentiary hearing, the petitioner “must demonstrate that he has competent,
admissible evidence to establish facts which would entitle him to relief”); State v.
Jobe, 34 Wn. App. 2d 471, 482, 569 P.3d 331 (2025) (holding, “Due process
requires an in camera review of otherwise privileged or confidential records when
the defendant adequately demonstrates that the records contain material
evidence.”).
In denying these motions, the trial court found that “[c]ounsel was
appropriately provided to Defendant for pre-trial Discovery, Trial and Sentencing,
and a Certified Court Spanish Interpreter was provided to the Defendant for all
proceedings.” The record of proceedings from Rodriguez-Macedo’s arraignment
supports this finding. This finding supports the court’s conclusion that Rodriguez-
Macedo had not provided “new evidence to warrant an evidentiary review, or, by
extension, sanctions pursuant to Brady v. Maryland.” We agree that Rodriguez-
Macedo’s motions did not include facts that would show “a substantial likelihood
the discovery will lead to evidence that would compel relief.” Albright, 25 Wn. App.
2d at 843. We therefore hold that the trial court did not abuse its discretion and
we affirm the trial court’s orders. 6
6 Even if we were to consider the claim that his extradition from California to
Washington was improper, the argument fails as a matter of law. Our Supreme
Court held that a trial court has jurisdiction of a defendant who enters a plea and
is present at trial. Ollison v. Rhay, 68 Wn.2d 137, 139, 412 P.2d 111 (1966).
Because Rodriguez-Macedo was present with counsel at arraignment, plea, and
sentencing, even an illegal extradition would not result in lack of jurisdiction. See
id. at 138.
5
No. 86922-1-I/6
III. CONCLUSION
We affirm the trial court’s order.
WE CONCUR:
6