
    [No. 38092-7-II.
    Division Two.
    February 9, 2010.]
    The State of Washington, Respondent, v. Kevin Howard Smith, Appellant.
    
   Appeal from a judgment of the Superior Court for Pierce County, No. 07-1-05352-4, Susan Serko, J., entered July 28, 2008. Affirmed by unpublished opinion per

Penoyar, A.C.J.,

concurred in by Bridgewater and Armstrong, JJ.  