State Of Washington v. Abdullahi Khalif Noor

. FILED '4COUitT OF APPEALS DIV I STATE OF WASHINGTOS 1018FEB 12 At111: 19 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE THE STATE OF WASHINGTON, No. 75654-1-1 Respondent, V. UNPUBLISHED OPINION ABDULLAHI KHALIF NOOR, Appellant. FILED: February 12, 2018 SCHINDLER, J. — A jury convicted Abdullahi Khalif Noor of rape in the second degree, assault in the fourth degree, witness intimidation, misdemeanor harassment of S.K., and three counts of misdemeanor violation of a court order. The jury convicted Noor of misdemeanor harassment of Ifrah Noor. Noor seeks reversal and a new trial on the grounds that(1)the trial court's instruction to the jury on credibility was an improper comment on the evidence that infringed on his right to present a defense,(2)the court erred by admitting hearsay,(3) his attorney provided ineffective assistance of counsel by failing to renew the motion to sever,(4) the convictions of witness intimidation of S.K. and misdemeanor harassment of S.K. violate double jeopardy, and (5) cumulative error denied him a fair trial. Noor also contends the court erred in calculating the sentencing range for witness intimidation and imposing unrelated community custody conditions. No. 75654-1-1/2 We affirm the jury convictions but remand for resentencing on intimidation of a witness and to strike the challenged community custody conditions. FACTS S.K. was born in Somalia on September 23, 1998. When she was approximately 6-years-old, S.K. moved to Nairobi, Kenya to live with her grandmother. Her grandmother passed away when S.K. was 11- or 12-years-old. S.K then lived with their neighbors. The neighbors introduced S.K. to Abdullahi Khalif Noor and told her Noor was going to be her husband. Noor and S.K. never married but S.K. went to live with him to take care of his 1-year-old son M.N. Noor left and went to the United States to work as a cab driver. When Noor periodically returned to Kenya, he would berate and beat S.K. In 2011 or 2012, Noor decided M.N. and S.K. should move to the United States. Noor told S.K. to use "May 12, 1990" as her birthdate and to use his mother's name "Hadiyo Ali." Noor created documents to show that Hadiyo All with a May 12, 1990 date of birth and he were married. S.K. arrived in Seattle in May 2014. S.K. took care of M.N. and M.N. attended school. Noor helped S.K. get a part-time job in a downtown Seattle hotel. Noor demanded S.K. have sex with him. When S.K. tried to refuse sex and get away from him, Noor held her down and put a knife to her neck. After that, S.K. did not "fight back anymore." Noor ordered S.K. not to speak to anyone at the apartment complex and beat her if he thought she had disobeyed. On the evening of May 28, 2015, S.K. accidentally locked herself out of the apartment. M.N. was asleep inside. S.K. was frantic and was afraid Noor would kill her 2 No. 75654-1-1/3 if he found out. S.K. went to the apartment of ...

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