
    [No. 37440-4-II.
    Division Two.
    October 20, 2009.]
    The State of Washington, Respondent, v. Tyshon Charles Swain, Appellant.
    
   Appeal from a judgment of the Superior Court for Clallam County, No. 07-1-00183-1, S. Brooke Taylor, J., entered February 22, 2008. Affirmed by unpublished opinion per

Bridgewater, J.,

concurred in by Penoyar, J.; Van Deren, C.J., dissenting.  