
    [No. 22795-2-III.
    Division Three.
    May 5, 2005.]
    The State of Washington, Appellant, v. Carl Edward Gardner, Respondent.
    
   Appeal from a judgment of the Superior Court for Yakima County, No. 02-1-01229-4, Michael W. Leavitt, J., entered January 28, 2004. Affirmed by unpublished opinion per Schultheis, J., concurred in by Kato, C.J., and Kurtz, J.  