
    [No. 41408-2-II.
    Division Two.
    May 30, 2012.]
    The State of Washington, Respondent, v. Kenneth McMillian, Appellant.
    
   Appeal from a judgment of the Superior Court for Thurston County, No. 10-1-00967-5, Wm. Thomas McPhee, J., entered October 6, 2010. Affirmed in part, reversed in part, and remanded with instructions by unpublished opinion per

Penoyar, J.,

concurred in by Armstrong, J.; Quinn-Brintnall, J., dissenting.  