
    [No. 22694-8-III.
    Division Three.
    April 21, 2005.]
    The State of Washington, Respondent, v. Steven Michael Pennington, Appellant.
    
   Appeal from a judgment of the Superior Court for Spokane County, No. 02-1-01763-1, Jerome J. Leveque, J., entered January 9, 2004. Reversed by unpublished opinion per Brown, J., concurred in by Kato, C.J., and Sweeney, J.  