
    [No. 28299-6-III.
    Division Three.
    December 8, 2011.]
    The State of Washington, Appellant, v. Mizael Magana, Respondent.
    
   Appeal from a judgment of the Superior Court for Yakima County, No. 08-1-02479-8, C. James Lust, J., entered July 6, 2009. Affirmed in part and remanded with instructions by unpublished opinion per

Kulik, C.J.,

concurred in by Sweeney and Brown, JJ.  