
    [Nos. 54827-1-I; 54828-0-I.
    Division One.
    January 23, 2006.]
    The State of Washington, Appellant, v. Susan Marie O’Brien, Respondent. The State of Washington, Appellant, v. Nicholas Ray Pogue, Respondent.
    
   Appeals from a judgment of the Superior Court for Sno-homish County, No. 04-1-00027-1, Anita L. Farris, J., entered August 2, 2004. Reversed by unpublished opinion per Baker, J., concurred in by Agid, J.; Kennedy, J., indicated her concurrence prior to her death on September 10, 2005.  