
    [No. 28539-1-III.
    Division Three.
    March 3, 2011.]
    The State of Washington, Respondent, v. David Wayne Miller, Appellant.
    
   Appeal from a judgment of the Superior Court for Spokane County, No. 09-1-02188-1, Jerome J. Leveque, J., entered October 16, 2009. Reversed and remanded by unpublished opinion per Siddoway, J., concurred in by Kulik, C.J., and Sweeney, J.  