IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE In the Matter of the Personal ) No. 80370-1-I Restraint of ) ) ) JAARSO AHMED ABDI, ) UNPUBLISHED OPINION ) Petitioner. ) ) VERELLEN, J. — In his personal restraint petition, Jaarso Abdi asserts his counsel was ineffective at trial for failing to timely recognize that discovery from the prosecutor included exculpatory statements by one victim to police and for failing to present and properly argue that evidence at trial. But his counsel discovered the exculpatory statements before trial, and the victim minimized the role of Abdi in her trial testimony. Whether to cross-examine the victim about the statements or seek to introduce them through another witness was a legitimate tactical decision. Abdi also does not establish his counsel’s approach in opening statement or closing argument was prejudicial. Abdi contends his attorney was ineffective at sentencing for failing to investigate, present, and argue mitigating circumstances of his youth. Abdi was 23 years old at the time of the charged conduct, and he had a traumatic and No. 80370-1-I/2 violent childhood. But he does not establish he was prejudiced by his counsel’s approach to sentencing. Because he does not establish ineffective assistance of counsel, we deny his personal restraint petition. FACTS Jaarso Abdi was convicted of attempted first degree robbery and first degree unlawful possession of a firearm in March 2015. This court affirmed his judgment and sentence on direct appeal. Abdi timely filed his personal restraint petition after the mandate issued. The basic facts leading to Abdi’s convictions are set out in his direct appeal. Mohamed Ali, his wife, Halimo Dalmar, and their seven children were at home. Abdi and two other men, Said and Forbes, knocked on the door and loudly demanded money. The family refused to open the door. The three men went to a nearby car, removed weapons from the trunk, and returned to the family’s apartment. They again banged on the door while demanding money. When the family did not open the door, the three men went around the house and attacked a nearby neighbor. Dalmar, thinking the coast was clear, left the apartment to drive her son Mustafe to work. When Dalmar and Mustafe were in the car, the men approached and again demanded money. Forbes pointed a gun at the window of the family home where the children were. A neighbor saw a man holding a gun and called 911. Seattle police arrived in minutes. They saw the three suspects matching the 2 No. 80370-1-I/3 descriptions given on the 911 call. The suspects fled. Abdi and Said were quickly caught and taken into custody. Forbes escaped. Witnesses saw the men toss something into a bin, where the police later retrieved two guns. Ali and Dalmar both identified Abdi and Said in separate lineups and explained their roles in the crimes. They also identified the three men in court as the attackers. The jury convicted Abdi and Said of first degree attempted ...
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