
    [No. 38484-1-II.
    Division Two.
    December 8, 2009.]
    The State of Washington, Respondent, v. James Robert Rutherford, Appellant.
    
   Appeal from a judgment of the Superior Court for Clark County, No. 08-1-00313-2, Robert A. Lewis, J., entered October 23, 2008. Affirmed by unpublished opinion per Armstrong, J., concurred in by Van Deren, C. J., and Bridge-water, J.  