
    [No. 37137-5-II.
    Division Two.
    June 30, 2009.]
    The State of Washington, Respondent, v. David Joseph Smasal, Appellant.
    
   Appeal from a judgment of the Superior Court for Pierce County, No. 07-1-01247-0, Frank E. Cuthbertson, J., entered November 15, 2007. Reversed and remanded by unpublished opinion per

Van Deren, C.J.,

concurred in by Bridgewater and Penoyar, JJ.  