149 P.3d 446 THE STATE OF WASHINGTON, Respondent, v. DESMOND EARL MODICA, Appellant. No. 57115-0-I.The Court of Appeals of Washington, Division One. December 26, 2006. Page 435 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 436 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]