LI.’ COUF’T CF APPEALS OW 1 ~iAiE OF~ WASHINGTON ZO18SEP 10 AM 8:38 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) No. 75474-2-I (consolidated Respondent, ) with No. 76072-6-I) ) v. ) DIVISION ONE ) KAMRAN MONGHATE, ) UNPUBLISHED OPINION ) Ap~eIIant. ) FILED: September 10, 2018 TRICKEY, J. — A jury convicted Kamran Monghate of two counts of first degree arson and one aggravating factor. On appeal, he argues that the State withheld evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 5. Ct. 1194, 10 L. Ed. 2d 215 (1963), and that the prosecutor committed various forms of misconduct. Monghate also contends that the trial court erred when it failed to make sufficient inquiry into his competency to stand trial, denied his motion to discharge his court appointed counsel, and did not consider his mental illness in determining his ability to pay any legal financial obligations. Finally, Monghate maintains that the trial court erred by imposing an exceptional sentence disproportionate to similar cases. Finding no error, we affirm. FACTS Monghate was born in Iran, and left following the 1979 revolution. In 1987, while on refugee status in England, Monghate came to the United States to visit No. 75474-2-I I 2 his sister, Mitra Mohandessi.1 Monghate remained in the United States after his tourist visa expired, and his refugee passport to England lapsed. Monghate applied for permanent residency in the United States, but the process took many years. Monghate could not work without a valid passport or documentation. Monghate finally obtained a work permit in 1998. Monghate lived with Mitra and her husband, Sahba Mohandessi, for about a year. He moved into his own apartment in Bellevue in August 1988. He helped build two homes in lssaquah that were finished in 1992 and 1993. Mitra and Sahba’s family occupied one of the houses. Sahba’s sister, Taraneh Mohandessi, and their elderly mother lived in the other house. Around 2005, Monghate began to visit his relatives less frequently. Monghate also began to resent Sahba, and came to believe that Sahba was manipulating others to undermine him. In 2009, Monghate stopped working. He subsequently had difficulty supporting himself financially. Monghate stopped paying rent in January or February 2010, and both Monghate and Monghate’s landlord contacted Mitra about his rent. Mitra paid Monghate’s outstanding rental payments, and continued to pay his rent each month. In the fall of 2011 or 2012, after a period of very limited contact between Monghate and his family members, Mitra and Monghate’s mother went to Mong hate’s apartment. Mong hate became very angry, slapped Mitra, and told her to leave him alone. Afterward, Mitra told Monghate that he needed to be evaluated 1For clarity, members of the Mohandessi family will be referred to by their first names. No disrespect is intended. 2 No. 75474-2-I I 3 and to get help. In December 2012, Monghate’s landlord told Mitra that Monghate had not been seen leaving his apartment for some time. ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals