
    [No. 64348-7-I.
    Division One.
    November 8, 2010.]
    The State of Washington, Respondent, v. Benjamin Lee Smalls, Appellant.
    
   Appeal from a judgment of the Superior Court for King County, No. 08-1-02482-9, Gregory P. Canova, J., entered September 28, 2009. Affirmed in part and remanded by unpublished opinion per

Grosse, J.,

concurred in by Dwyer, C.J., and Appelwick, J.  