
    [No. 35917-1-II.
    Division Two.
    October 21, 2008.]
    The State of Washington, Respondent, v. Steven A. Mencer, Appellant.
    
   Appeal from a judgment of the Superior Court for Mason County, No. 06-1-00437-0, James B. Sawyer II, J., entered February 5, 2007. Reversed and remanded by unpublished opinion per Van Deren, C.J.,

concurred in by Penoyar, J; Quinn-Brintnall, J., dissenting.  