State Of Washington, Res. v. Kenneth Franklin Miller, App.

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE STATE OF WASHINGTON, No. 68574-1- Respondent, v. ORDER WITHDRAWING AND SUBSTITUTING OPINION KENNETH FRANKLIN MILLER, Appellant. On September 3, 2014, the Washington Supreme Court entered an order granting the petition for review filed by the State ofWashington and remanded to this court in light of the decision in State v. Johnson, 180 Wn.2d 295,

325 P.3d 135

(2014). The panel has determined that the opinion filed on October 28, 2013 should be withdrawn and a substitute opinion filed affirming the conviction. Now, therefore, it is…