
    [No. 23882-9-II.
    Division Two.
    February 25, 2000.]
    The State of Washington, Appellant, v. Sean Birnel, Respondent.
    
   Appeal from a judgment of the Superior Court for Kitsap County, No. 98-1-00431-1, John Arthur McCarthy, J., entered October 16, 1998. Reversed by unpublished opinion per Houghton, J., concurred in by Bridgewater, C.J., and Armstrong, J.  