The whole 100 yards — and sometimes the end zones, too.

The passing record Lou Groza once held

When you think of Lou Groza, you think of this big guy — 6-3, 240, with a bit of a belly — booting field goals forever for the Browns. Groza happened to be a fine offensive tackle, too, protecting the blind side of Cleveland quarterbacks for more than a decade, but it’s his 264 field goals and 1,608 points that are more remembered. When he retired after the 1967 season, he held the career record in both categories. By a mile.

Browns Hall of Famer Lou Groza, doing what he did best.

Anyway, you might be amused to learn that “The Toe,” as he was called, once held an NFL passing record. What record could that possibly be, you ask? Answer: For almost five years, he was the oldest player ever to throw a pass in the league.

The large and somewhat stunned gathering also saw Lou Groza throw a forward pass. The Toe, who on very few occasions in the past has had to resort to such desperation maneuvers, was trying to kick a 50-yard field goal.

The pass from center bounced away from Bobby Franklin, the holder. Lou recovered and, being confronted with nothing but purple [Vikings] jerseys, tried a pass. It was intended for John Brewer but wasn’t completed. So Minnesota took over.

The next season, in a similar situation, Groza threw another pass. This one was actually completed . . . for a 7-yard loss to one of his blockers, linebacker Vince Costello. Lou was now 42 years, 256 days old. This would stand as the record until 1975, when the George Blanda – a spry 43 years, 38 days – came off the bench to quarterback the Raiders to a 31-14 win over the Steelers. (He even tossed three touchdown passes, all of them longer than minus-7 yards.)

In the decades since, only four other players older than Groza have cocked their arm and let one fly. Here’s that list:

THE SIX OLDEST PLAYERS TO THROW A PASS IN THE NFL

Year Player, Team

Vs

Att

Comp

Yds

TD

Int

Rate

Age

1975 George Blanda, Raiders

Chiefs

3

1

11

0

1

5.6

48-095

1998 Steve DeBerg, Falcons

Dolphins

10

5

85

1

0

112.5

44-342

2007 Vinny Testaverde, Panthers

Jaguars

28

13

84

0

1

38.4

44-026

2000 Warren Moon, Chiefs

Chargers

31

12

130

0

1

38.4

44-008

2005 Doug Flutie, Patriots

Jets

1

1

2

0

0

79.2

43-064

1966 Lou Groza, Browns

Steelers

1

1

-7

0

0

79.2

42-256

The record Groza broke, by the way, was held by the Giants’ Charlie Conerly, who was 89 days past his 40th birthday when he relieved Y.A. Tittle in the 1961 title game against the Packers and hit 4 of 8 passes for 54 yards. (Not that “The Toe” wasn’t capable of a performance like that, had the center and holder just botched the snap a half-dozen more times.)

Postscript: When Bob O’Donnell and I were writing The Pro Football Chronicle in the ’80s, we came across an old story about Groza in one of the Cleveland newspapers. Instead of a head shot of him, though, the paper ran a photo of his right big toe.

Bob and I thought it would be hilarious if we could include The Toe’s toe in our book, so we tried to track the photo down. Alas, it had been lost to the ages. So Bob, not easily discouraged, phoned Groza and asked if his toe would be willing to pose for us. “We’ll send a photographer to your house,” he said.

At first, Lou was up for it. “No need to go to all that trouble,” he said. “I drive right by this photography studio every day. I’ll have the picture taken there and send it to you.” But soon he began to have second thoughts, began to think it might be “undignified” for a Hall of Fame player to have his 65-year-old toe appear in a book.

If I ever run into him in the hereafter, I’m going to make another pitch to him. I still think the world would love to see Lou Groza’s big right toe, gnarly or not.


Early high levels of regulatory T cells and T helper 1 may predict the progression of recurrent hepatitis C after liver transplantation.
Immune response failure against hepatitis C virus (HCV) has been associated with an increased regulatory T cell (Treg) activity. After liver transplantation (LT), 80% of patients experience an accelerated progression of hepatitis C recurrence. The aim of this work was to assess the involvement of Tregs, T helper (Th) 1, 2 and 17 cells in recurrent hepatitis C. Peripheral blood cells obtained before and one month after LT from 22 recipients were analysed. Forty-four key molecules related to Treg, Th1, 2 and 17 responses, were evaluated using qRT-PCR. Liver recipients were classified in two groups according to graft fibrosis evaluated by the METAVIR score on the biopsy performed one year after LT (mild: F ≤ 1, n = 13; severe: F > 1, n = 9). Patients developing a severe recurrence were compared with patients with a mild recurrence. mRNA levels of Treg markers obtained one month after LT were significantly increased in patients with a severe disease course when compared to patients with a mild recurrence. Markers of the Th1 response were elevated in the same group. No differences in the markers determined before LT were observed. These findings suggest that Treg, induced by a multifactorial process, which could include a strong Th1 response itself, may play a role in suppressing the early antiviral response, leading to a severe recurrence of hepatitis C.


Solar PV Poised to Boom in Africa Thanks to Declining Costs

Falling technology costs make solar PV one of the cheapest ways to meet power needs and increase energy access on the continent

The business case for solar photovoltaics (PV) in Africa is stronger than ever thanks to rapidly declining technology costs, according to a new report released today by the International Renewable Energy Agency (IRENA). Solar PV in Africa: Costs and Markets, estimates that installed costs for power generated by utility-scale solar PV projects in Africa have decreased as much as 61 per cent since 2012.

Today, installed costs for these projects are as low as USD 1.30 per watt in Africa, compared to the global average of USD 1.80 per watt.

“In recent years, solar PV costs have dropped dramatically and will continue to do so with further declines of up to 59 per cent possible in the next ten years,” said IRENA Director-General Adnan Z. Amin. “These cost reductions, coupled with vast solar potential on the continent, present a huge opportunity for Africa. Both grid-connected and off-grid solar PV now offer a cost-competitive means to meet rising energy needs and bring electricity to the 600 million Africans who currently lack access.”

Mini-grids utilising solar PV and off-grid solar home systems also provide higher quality energy services at the same or lower costs than the alternatives, finds the report. Stand-alone solar PV mini-grids have installed costs in Africa as low as USD 1.90 per watt for systems larger than 200 kilowatts. Solar home systems – which have tripled in Africa between 2010 and 2014 – provide the annual electricity needs of off-grid households for as little as USD 56 per year, less than what they currently pay for poor quality energy services.

Global capacity additions for solar PV have increased six-fold since 2009, a trend that is now begining to materialise in Africa. More than 800 new megawatts (MW) of solar PV capacity was added in Africa in 2014 – doubling the continents cumulative capacity – and another 750 MW was added in 2015. IRENA estimates that with the right enabling policies, Africa could be home to more than 70 gigawatts of solar PV capacity by 2030.

“Africa’s solar potential is enormous, with solar irradiation levels up to 117 per cent higher than in Germany – the country with the highest installed solar power capacity,” said Mr. Amin. “It has never been more possible, and less expensive for Africa to realise this potential.”

Solar PV in Africa: Costs and Markets, provides an overview of the most comprehensive costing data available on solar PV in Africa. It reviews market opportunities and challenges. and recommends actions to collect more robust data for future analysis.


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"# Her face was like a winter moon" "# That lights the traveller's way" "# Her smile was like a summer bloom" "# That bursts then fades away" "# My love is night, my love is day" "# My love, she is my world #" "Such sweet music shows your blood to be afire." "Why wait we on stale custom for consummation?" "Oh, yes!" "Tonight's the night." "Would you enter, bold sir?" "Oh, I would." "Lilith, this cannot be the home of one so beautiful." "Forgive me, this is foul." "Shh." "Sad words suit not upon a lover's tongue." "Your kiss transformed me." "A suitor should meet his beloved's parents." "Mother Doomfinger." "And Mother Bloodtide." "Soon, at the hour of woven words, we shall rise again and this fleeting Earth will perish!" "But how do you travel in time?" "What makes it go?" "Oh, let's take the fun and the mystery out of everything." "Martha, you don't want to know." "It just does." "Hold on tight!" "Blimey!" "Do you have to pass a test to fly this thing?" "Yes, and I failed." "Now, make the most of it." "I promised you one trip and one trip only." "Outside this door, brave new world." "Where are we?" "Take a look." "After you." "Oh, you're kidding me." "You're so kidding me!" "Oh, my God, we did it!" "We travelled in time!" "Where are we?" "No, sorry." "Got to get used to this whole new language." "When are we?" " Mind out." " Garde à I'eau!" "Somewhere before the invention of the toilet." "Sorry about that." "I've seen worse." "I worked the late-night shift, AE." "But are we safe?" "I mean, can we move around and stuff?" " Of course we can." "Why do you ask?" " It's like in the films." "You step on a butterfly, you change the future of the human race." "Tell you what, then." "Don't step on any butterflies." "What have butterflies ever done to you?" "What if..." "I don't know." " What if I kill my grandfather?" " Are you planning to?" " No." " Well, then." " And this is London?" " Think so." "Round about, um, ooh, 1599." "Oh, but hold on." "Am I all right?" "I'm not going to get carted off as a slave, am I?" "Why would they do that?" "Not exactly white, in case you haven't noticed." "I'm not even human." "Just walk about like you own the place." "Works for me." "Besides, you'd be surprised." "Elizabethan England, not so different from your time." "Look over there." "They've got recycling." "A water cooler moment." "...and the Earth will be consumed by flame!" "Global warming." "Oh, yes, and entertainment." "Popular entertainment for the masses." "If I'm right, we're just down the river by Southwark." "Right next to..." "Oh, yes!" "The Globe Theatre!" "Brand-new, just opened." "Though, strictly speaking, it's not a globe." "It's a tetradecagon, 14 sides, containing the man himself." "Whoa, you don't mean..." " Is Shakespeare in there?" " Oh, yes." "Miss Jones, will you accompany me to the theatre?" "Mr Smith, I will!" "When you get home, you can tell everyone you've seen Shakespeare." "Then I could get sectioned." "That's amazing, just amazing." "It's worth putting up with the smell." "And those are men dressed as women, yeah?" "London never changes." "Where's Shakespeare?" "I want to see Shakespeare!" "Author!" "Author!" "Do people shout that?" "Do they shout "Author"?" "Author!" "Author!" "Author!" "Author!" "Well, they do now." " Author!" " Author!" "Author!" "Author!" "Author!" "Author!" "He's a bit different to his portraits." "Genius." "He's a genius, the genius." "The most human human there's ever been." "Now, we're gonna hear him speak." "Always, he chooses the best words." "New, beautiful, brilliant words." "Oh, shut your big, fat mouths!" " Oh, well." " You should never meet your heroes." "You've got excellent taste, I'll give you that." "Oh, that's a wig." "Wind the craft of ancient harm." "The time approaches for our charm." "I know what you're all saying," ""Love's Labour's Lost, that's a funny ending, isn't it?"" "It just stops." "Will the boys get the girls?" "Well, don't get your hose in a tangle." "You'll find out soon." "When?" "Yeah, yeah." "All in good time." "You don't rush a genius." "When?" "Tomorrow night." "The premier of my brand-new play, a sequel, no less." "And I call it Love's Labour's Won." "I'm not an expert, but I've never heard of Love's Labour's Won." "Exactly." "The lost play." "Doesn't exist." "I mean, rumours." "It's mentioned in lists of his plays, but never ever turns up, and no one knows why." "Have you got a mini-disc or something?" "We can tape it, we can flog it." "Sell it when we get home, make a mint." "No." " That would be bad." " Yeah, yeah." "How come it disappeared in the first place?" "Well..." "Oh, I was just going to give you a quick little trip in the Tardis, but I suppose we could stay a bit longer." "Here you go, Will, drink up." "There's enough beer in this lodgings house to sink the Spanish." "Dolly Bailey, you've saved my life." "I'll do more than that later tonight." "And you, girl, hurry up with the tasks." "The talk of gentlemen's best not overheard." "Yeah, ma'am." "Sorry, ma'am." "You must be mad, Will." "Love's Labour's Won?" "We're not ready." "It's supposed to be next week." "What made you say that?" "You haven't even finished it yet." "I've just got the final scene to go." "You'll get it by morning." "Hello!" "Excuse me." "Not interrupting, am I?" "Mr Shakespeare, isn't it?" "Oh, no, no, no." "Who let you in?" "No autographs." "No, you can't have yourself sketched with me, and please don't ask where I get my ideas from." "Thanks for the interest." "Now be a good boy and shove..." "Hey, nonny, nonny!" "Sit right down here, next to me." "You two get sewing on them costumes." "Off you go." "Come on, lads." "I think our William's found his new muse." "Sweet lady." "Such unusual clothes." "So fitted." "Erm, verily, forsooth, egads!" "No, no, don't do that." "I'm Sir Doctor of Tardis, and this is my companion, Miss Martha Jones." "Interesting." "That bit of paper, it's blank." "Oh, that's..." "Very clever, that proves it." " Absolute genius." " Hmm." "No, it says right there, "Sir Doctor and Martha Jones." It says so." "I say it's blank." "Psychic paper." "Um..." "Long story." "Oh, I hate starting from scratch." "Psychic?" "I've never heard that before, and words are my trade." "Who are you exactly?" "More to the point, who is your delicious blackamoor lady?" " What did you say?" " Whoops." "Isn't that a word we use nowadays?" "An Ethiop girl, a swarth, a Queen of Afric?" " I can't believe I'm hearing this." " It's political correctness gone mad." "Martha's from a far off land, Freedonia." "Excuse me." "Hold hard a moment." "This is abominable behaviour." "A new play with no warning." "I demand to see a script, Mr Shakespeare." "As Master of the Revels, every new script must be registered at my office and examined by me before it can be performed." "Tomorrow morning, first thing, I'll send it round." "I don't work to your schedule, you work to mine." " The script, now!" " I can't." "Then tomorrow's performance is cancelled." "It's all go around here, isn't it?" "I'm returning to my office for a banning order." "If it's the last thing I do," "Love's Labour's Won will never be played." "Ooh!" "Sorry, sir." "Begging your pardon, sir." "Mind you don't hurt that handsome head of yours." "Hold hard, wanton woman!" "I shall return later." "Oh, my mothers." "There's one seeks to stop the performance tomorrow." "But it must be tomorrow!" "Love's Labour's Won must be performed." "Fear not." "Chant with me." "Water damps the fiercest flame." "Drowns down girls and boys the same." "Well then, mystery solved." "That's Love's Labour's Won over and done with." "I thought it might be something, you know, more mysterious." "Help me!" " It's that Lynley bloke." " What's wrong with him?" " Leave it to me, I'm a doctor." " So am I. Near enough." "Now to halt the vital part." " Stab the flesh!" " Stop the heart." "Eternal sleep is thine." "Can't get the heart going." "Mr Lynley!" "Come on." "Can you hear me?" "You're gonna be all right." "What the hell is that?" "I've never seen a death like it." "His lungs are full of water." "He drowned." "I don't know, like a blow to the heart." "A visible blow." "Good mistress, this poor fellow has died from a sudden imbalance of the humours." "A natural, if unfortunate, demise." "Call the constable, have him taken away." " Yes, sir." " I'll do it, ma'am." "Why are you telling them that?" "This lot have still got one foot in the Dark Ages." "If I tell them the truth, they'll panic and think it was witchcraft." "Okay, what was it, then?" "Witchcraft." "The potion is prepared." "Now, take it." "Magic words for the playwright's fevered mind." "Shakespeare will release us." "The mind of a genius will unlock the tide of blood." "Upon this night, the work is done." "A muse to pen Love's Labour's Won." "I got you a room, Sir Doctor." "You and Miss Jones are just across the landing." "Poor Lynley." "So many strange events." "Not least of all, this land of Freedonia where a woman can be a doctor." "Where a woman can be what she likes." "And you, Sir Doctor." "How can a man so young have eyes so old?" "I do a lot of reading." "A trite reply, yeah?" "That's what I do." "And you, you look at him like you're surprised he exists." "He's as much of a puzzle to you as he is to me." "I think we should say good night." "I must to work." "I have a play to complete." "I'll get my answers tomorrow, Doctor, and I'll discover more about you and why this constant performance of yours." "All the world's a stage." "Hmm." "I might use that." "Good night, Doctor." "Nighty-night, Shakespeare." "It's not exactly five star, is it?" "Oh, it'll do." "I've seen worse." " I haven't even got a toothbrush." " Ooh, um..." "Contains Venusian spearmint." "So, who's going where?" "I mean, there's only one bed." "We'll manage." "Come on." "So, magic and stuff." "That's a surprise." "It's all a bit Harry Potter." "Wait till you read book seven." "Oh, I cried!" "But is it real, though?" "I mean, witches, black magic and all that, it's real?" " Course it isn't!" " Well, how am I supposed to know?" "I've only just started believing in time travel." "Give me a break." "Looks like witchcraft, but it isn't." "It can't be." "Are you gonna stand there all night?" "Budge up a bit, then." "Sorry, there's not much room." "Us two here, same bed." "Tongues will wag." "There's such a thing as psychic energy, but a human couldn't channel it like that." "Not without a generator the size of Taunton, and I think we'd have spotted that." "No." "There's something I'm missing, Martha." "Something really close." "It's staring me right in the face, and I can't see it." "Rose would know." "A friend of mine, Rose, right now she'd say exactly the right thing." "Still, can't be helped." "You're a novice, never mind." "I'll take you back home tomorrow." "Great!" "Bind the mind and take the man." "Speed the words to writer's hand." "Will, I finished cleaning, just in time for your special treat." "Oh, aye." "I'm not the first, then." "I'll take that to aid my flight and you shall speak no more this night." "What?" "What was that?" "Her heart gave out." "She died of fright." "Doctor?" "What did you see?" "A witch." "Oh, sweet Dolly Bailey." "She sat out three bouts of the plague in this place." "We all ran like rats." "But what could have scared her so?" "She had such enormous spirit." "Rage, rage, against the dying of the light." "I might use that." "You can't, it's someone else's." "But the thing is, Lynley drowned on dry land, Dolly died of fright" " and they were both connected to you." " You're accusing me?" "No, but I saw a witch, big as you like, flying, cackling away," " and you've written about witches." " I have?" "When was that?" "Not..." "Not quite yet." " Peter Streete spoke of witches." " Who's Peter Streete?" "Our builder." "He sketched the plans for the Globe." "The architect?" "Hold on." "The architect." "The architect!" "The Globe!" "Come on!" "Columns there, right, and 14 sides." "I've always wondered, but I've never asked." "Tell me, Will, why 14 sides?" "It was the shape Peter Streete thought best, that's all." " He said it carried the sound well." " 14?" "Why does that ring a bell?" "14?" " There's 14 lines in a sonnet." " So there is." "Good point." "Words and shapes following the same design." "14 lines, 14 sides, 14 facets..." "My head!" "Tetradecagon, think, think, think!" " Words, letters, numbers, lines!" " This is just a theatre!" "Oh, yeah, but a theatre's magic, isn't it?" "You should know." "You stand on this stage, say the right words with the right emphasis at the right time." "Oh, you can make men weep or cry with joy." "Change them." "You can change peoples' minds just with words in this place." "And if you exaggerate that..." "It's like your police box." "Small, wooden box with all that power inside." "Oh!" "Oh, Martha Jones, I like you." "Tell you what, Peter Streete would know." " Can I talk to him?" " You won't get an answer." "A month after finishing this place, he lost his mind." "Why, what happened?" "He started raving about witches, hearing voices, babbling." " His mind was addled." " Where is he now?" " Bedlam." " What's Bedlam?" " Bethlem Hospital, the madhouse." " We gotta go there, right now." "Come on!" "Wait, I'm coming with you." "I want to witness this at first hand." "Ralph!" "The last scene, as promised." "Copy it, hand it around, learn it, speak it." "Back before curtain up, and remember, kid, project!" "Eyes and teeth." "You never know, the Queen might turn up." "As if." "She never does." "So, tell me of Freedonia, where women can be doctors, writers, actors." "This country's ruled by a woman." "Ah, she's royal, that's God's business." "Though you are a royal beauty." "Whoa, nelly!" "I know for a fact you've got a wife in the country." "But, Martha, this is town." "Come on, we can all have a good flirt later!" "Is that a promise, Doctor?" "Oh, 57 academics just punched the air." "Now, move!" "Love's Labour's Won." "I don't think much of sequels, they're never as good as the original." "Have you seen this last bit?" "Must have been dozing off when he wrote that." "I don't even know what it means." "Well, that goes for most of his stuff." "Ah, but at least it's my speech." "I get centre stage." ""The light of Shadmoch's hollow moon" ""doth shine on to a point in space," ""betwixt Dravidian shore..."" "What was that?" ""..." "Dravidian shores, linear 5-9-3-0-1-6..."" "A spirit stirs the ether." "But too soon, too soon!" "Not to fear, my mothers." "'Tis merely a rehearsal of what's to come." ""...and strikes the fulsome grove of Rexel 4."" "By all the saints." "It's a spirit." "It's a vile shade." "I think we should never speak of this again." "Else we'll end up in Bedlam ourselves." "Please, please!" "Does my lord Doctor wish some entertainment while he waits?" "I can whip these madmen." "They'll put on a good show for you." " Bandog and Bedlam." " No, I don't." "Well, wait here, my lords, while I, uh..." "Make him decent for the lady." "So this is what you call a hospital, yeah?" "Where the patients are whipped to entertain the gentry?" " And you put your friend in here?" " Oh, it's all so different in Freedonia." "But you're clever!" "Do you honestly think this place is any good?" "I've been mad, I've lost my mind." "Fear of this place set me right again." "Serves its purpose." " Mad in what way?" " You lost your son." "My only boy." "The Black Death took him." "I wasn't even there." " I didn't know, I'm sorry." " Made me question everything." "The futility of this fleeting existence, to be or not to be." "Oh, that's quite good." " You should write that down." " Hmm, maybe not." "A bit pretentious?" "This way, my lord." "They can be dangerous, my lord." "Don't know their own strength." "I think it helps if you don't whip them." "Now, get out!" "Peter." "Peter Streete." "He's the same as he was." "You'll get nothing out of him." "Peter." "What is this?" "I must see!" "That stranger..." "He was at the inn with Shakespeare." "I thought then he smelt of something new." "Now he visits the madhouse." "The architect!" "Peter, I'm the Doctor." "Go into the past." "One year ago." "Let your mind go back." "Back to when everything was fine and shiny." "Everything that happened in this year since happened to somebody else." "It's just a story." "A winter's tale." "Let go." "That's it." "That's it." "Just let go." "Tell me the story, Peter." "Tell me about the witches." "Who is this Doctor?" "Why does he come now at our time of glory?" "Doomfinger, transport yourself." "Doom the Doctor." "Doom his hide." "Witches spoke to Peter." "In the night, they whispered, they whispered..." "Got Peter to build the Globe to their design, their design!" "The 14 walls." "Always 14." "When the work was done..." "They snapped poor Peter's wits." "Well, where did Peter see the witches?" "Where in the city?" "Peter, tell me!" "You've got to tell me." "Where were they?" "All Hallows Street." "Too many words!" " What the hell?" " Just one touch of the heart." "No!" "A witch!" "I'm seeing a witch!" "Now, who would be next, hmm?" "Just one touch." "Oh, I'll stop your frantic hearts." "Poor, fragile mortals." "Let us out!" "Let us out!" "That's not going to work." "The whole building's shouting that." "And who would die first, hmm?" "Well, if you're looking for volunteers..." " No, don't!" " Doctor, can you stop her?" "No mortal has power over me!" "No, but there's a power in words." "If I can find the right one, if I can just know you..." "None on Earth has knowledge of us." "Well, it's a good thing I'm here." "Now, think, think, think." "Humanoid, female, who uses shapes and words to channel energy..." "Ah, 14!" "That's it, 14!" "The 14 stars of the Rexel planetary configuration!" "Creature, I name you" "Carrionite!" " What did you do?" " I named her." "The power of a name." "That's old magic." "But there's no such thing as magic." "Well, it's just a different sort of science." "You lot, you chose mathematics." "Given the right string of numbers, the right equation, you can split the atom." "The Carrionites use words instead." "Use them for what?" "The end of the world." "He knows us!" "He spoke our name!" "Then he will know death." "He will perish at my hand." "My mothers, the time approaches." "You must away to the Globe." "Go, I will join you." "As soon as this Doctor screams his last." "The Carrionites disappeared way back at the dawn of the universe." "Nobody was sure if they were real or legend." " Well, I'm going for real." " But what do they want?" "A new empire on Earth." "A world of bones and blood and witchcraft." "But how?" "I'm looking at the man with the words." "Me?" "But I've done nothing." "Hold on, though." "What were you doing last night when that Carrionite was in the room?" "Finishing the play." "What happens on the last page?" "The boys get the girls, they have a bit of a dance." "It's all as funny and thought-provoking as usual." "Except those last few lines." "Funny thing is, I don't actually remember writing them." "That's it!" "They used you." "They gave you the final words." "Like a spell, like a code." "Love's Labour's Won, it's a weapon!" "The right combination of words spoken in the right place with the shape of the Globe as an energy converter!" "The play is the thing!" "And yes, you can have that." "We left the lovers of Navarre, by cruel chance separated, none to claim his heart, their labours lost." "Now will they find love's labour's won?" "All Hallows Street, there it is." "Martha, we'll track them down." "Will, you get to the Globe." "Whatever you do, stop that play!" "I'll do it." "All these years, I've been the cleverest man around." "Next to you, I know nothing." " Well, don't complain." " I'm not!" "It's marvellous." " Good luck, Doctor." " Good luck, Shakespeare." " Once more unto the breach!" " I like that!" "Wait a minute, that's one of mine." "Oh, just shift!" "The eye should have contentment where it rests..." "Patience, my sisters." "Patience." "...mewling poor, drooped men..." " Stop the play!" "I'm sorry, ladies and gentlemen, but stop." "This performance must end immediately." "Oh, everyone's a critic." " The wordsmith!" " Fear not." "I have the doll." "I'm sorry." "You'll get a refund." "But this play must not be performed." " Is he drunk, or what?" " Get him out of the way!" "You must forgive our irksome Will." "He's been on the beer, and feeling ill." "There is naught can stop us now." "All Hallows Street." "Which house?" "Thing is, though, am I missing something here?" "The world didn't end in 1599, it just didn't." "Look at me, I'm living proof." "Oh, how to explain the mechanics of the infinite temporal flux?" "I know, Back to the Future!" "It's like Back to the Future." " The film?" " No, the novelisation." "Yes, the film!" "Marty McFly goes back and changes history." "And he starts fading away..." "Oh, my God, am I going to fade?" "You and the entire future of the human race." "It ends right now, in 1599, if we don't stop it." "But which house?" "Make that witch house." "I take it we're expected?" "Oh, I think death has been waiting for you a very long time." "Right then, it's my turn." "I know how to do this." "I name thee" "Carrionite!" "What did I do wrong?" "Was it the finger?" "Power of a name works only once." "Observe." "I gaze upon this bag of bones, and now I name thee, Martha Jones." "What have you done?" "Only sleeping, alas." "It's curious, her name has less impact." "She's somehow out of her time." "And as for you, Sir Doctor." "Fascinating." "There is no name." "Why would a man hide his title in such despair?" "Oh, but look." "There's still one word with a power that aches." " The naming won't work on me." " But your heart grows cold." "The north wind blows and carries down the distant..." "Rose." "Oh, big mistake." "'Cause that name keeps me fighting." "The Carrionites vanished." "Where did you go?" "The Eternals found the right word to banish us into deep darkness." " Then how did you escape?" " New words." "New and glittering." "From a mind like no other." "Shakespeare." "His son perished." "The grief of a genius." "Grief without measure." "Madness enough to allow us entrance." " How many of you?" " Just the three." "But the play tonight shall restore the rest." "Then the human race will be purged as pestilence." "And from this world we will lead the universe back into the old ways of blood and magic." "Mmm, busy schedule." "But first, you've got to get past me." "Oh, that should be a pleasure." "Considering my enemy has such a handsome shape." "Now, that's one form of magic that's definitely not gonna work on me." "Oh, we'll see." " What was that for?" "What did you do?" " Souvenir." "Well, give it back!" "Well, that's just cheating." "Behold, Doctor." "Men to Carrionites are nothing but puppets." "Now, you might call that magic, I'd call that a DNA replication module." "What use is your science now?" "Oh, my God, Doctor!" "Don't worry, I've got you." "Hold on, mister." "Two hearts?" "I'm making a habit of it." "I've only got one heart working!" "How do you people cope?" "I've got to get the other one started." "Hit me!" "Hit me on the chest!" "Other side!" "Now, on the back, on the back!" "Left a bit!" "Lovely." "There we go." "By-da-boom-ba!" "Well, what are you standing there for?" "Come on, the Globe!" " The Doctor?" " Dead." "The ladies have prepared a show." "Maria means to present Isis to send him from the dewy orb of heaven." "Ah!" "Here comes Costard." "Masters." " We're going the wrong way!" " No, we're not!" "We're going the wrong way!" "Behold the swinish sight of woman's love." "Pish!" "It's out of season to be heavy disposed." "It is now, my mothers." "The final words to activate the tetradecagon." "Betwixt Dravidian shores and linear 5-9-3-0-1-6-7 point 0-2, and strikes the fulsome grove of Rexel 4." "Co-radiating crystal, activate!" "The portal opens!" "It begins!" "I told thee so!" "I told thee!" "Stage door!" "Stop the play!" "I think that was it." "Yeah, I said stop the play!" " I hit my head." " Yeah, don't rub it, you'll go bald." "I think that's my cue." "Now begins the millennium of blood!" "The Doctor!" "He lives." "Then watch this world become a blasted heath." "They come, they come!" " Come on, Will, history needs you." " But what can I do?" " Reverse it!" " How am I supposed to do that?" "The shape of the Globe gives words power, but you're the wordsmith." "The one true genius, the only man clever enough to do it." "But what words?" "I have none ready." "You're William Shakespeare!" "But these Carrionite phrases, they need such precision." "Trust yourself." "When you're locked away in your room, the words just come, don't they?" "Like magic." "Words of the right sound, the right shape, the right rhythm, words that last forever!" "That's what you do, Will." "You choose perfect words." "Do it!" "Improvise!" "Close up this din of hateful, dire decay, decomposition of your witches' plot!" "You thieve my brains, consider me your toy, my doting Doctor tells me I am not!" "No!" "Words of power!" "Foul Carrionite spectres, cease your show, between the points... 7-6-1-3-9-0!" "7-6-1-3-9-0!" "Banished like a tinker's cuss, I say to thee..." "Uh..." "Expelliarmus!" " Expelliarmus!" " Expelliarmus!" "Good old JK!" "The deep darkness!" "They are consumed!" "Love's Labour's Won, there it goes." "They think it was all special effects?" "Your effect is special, indeed." "It's not your best line." "And I say, a heart for a hart, a dear for a deer." " I don't get it." " Then give me a joke from Freedonia." "Okay, Shakespeare walks into a pub, and the landlord says," ""Oi, mate, you're Bard."" "That's brilliant!" "Doesn't make sense, mind you, but never mind that." "Come here." "I've only just met you." "The Doctor may never kiss you." "Why not entertain a man who will?" "I don't know how to tell you this, O Great Genius, but your breath doesn't half stink." "Good prop store back there!" "I'm not sure about this, though." "Reminds me of a Sycorax." "Sycorax." "Nice word." "I'll have that off you as well." " I should be on 10%." "How's your head?" " Still aching." "Here, I got you this." "Neck brace." "Wear that for a few days until it's better." "Although you might want to keep it, it suits you." " What about the play?" " Gone." "I looked all over." "Every single copy of Love's Labour's Won went up in the sky." " My lost masterpiece." " You could write it up again." "Yeah, better not, Will." "There's still power in those words." "Maybe it should best stay forgotten." "Oh, but I've got new ideas." "Perhaps it's time I wrote about fathers and sons, in memory of my boy, my precious Hamnet." " Hamnet?" " That's him." " Ham-net?" " What's wrong with that?" "Anyway, time we were off." "I've got a nice attic in the Tardis where this lot can scream for all eternity." "And I've got to take Martha back to Freedonia." "You mean travel on through time and space?" "You what?" "You're from another world, like the Carrionites." "And Martha here's from the future." "It's not hard to work out." "That's incredible." "You are incredible." "We're alike in many ways, Doctor." "Martha, let me say goodbye to you with a new verse." "A sonnet for my dark lady." "Shall I compare thee to a summer's day?" "Thou art more lovely, more temperate..." " Will!" " Will!" "Will, you'll never believe it." "She's here!" " She's turned up!" " We're the talk of the town." "She heard about last night." "She wants us to perform it again." " Who?" " Her Majesty." "She's here!" "Queen Elizabeth I!" " Doctor!" " What?" " My sworn enemy." " What?" "Off with his head!" " What?" " Well, never mind what, just run!" " See you, Will." "And thanks!" " Stop him!" "Stop that pernicious Doctor!" "Stop!" "In the name of the Queen!" "What have you done to upset her?" "How should I know?" "I haven't met her yet!" "That's time travel for you." "Still, I can't wait to find out." "That's something to look forward to." "Ooh!" "And we're slap-bang in the middle of New New York." "He has arrived." "Help us!" "You've got to let her go!" "Martha!" "I need to talk to the police." " Do you want some happy?" " Buy some anger!" "How much do you want forgetting?" "Pretty well dressed for a hitchhiker." "They say people go missing on the motorway." "Some cars just vanish, never to be seen again, 'cause there's something living down there." "What the hell are they?"


Q:

Is there any standardized test / questionnaire to measure frustration?

I'm looking for a well-established standardized test to measure frustration (level) of humans. Is there such an instrument?
I'm looking for a relatively short test that assesses frustration level at the point in time when the participant completes it.

A:

Frustration is measured in various ways. In psychology, frustration is seen as occurring when an anticipated reward or outcome is blocked (Berkowitz, 1989). The block can be either internal (the person’s lack of skill, knowledge) or external (environment, situation) (Shorkey & Crocker, 1981). Some papers and measures focus on the block itself (Dollard et al, 1939), while others focus on the individual’s reaction to the block (Amsel, 1958). Others focus on frustration tolerance, which is the degree to which a person can tolerate being frustrated and persist in that situation. Frustration tolerance is more trait-like (measuring a consistent way someone handles challenging situations, which is stable over time), and from your question it sounds like you’re more interested in something that measure state frustration (emotional reaction in the moment). Unfortunately, there are more validated instruments that assess frustration tolerance than “in the moment” frustration, though some might be adapted for your purposes. Options for both are summarized below:
Frustration Tolerance

Harrington’s Frustration Discomfort Scale assesses frustration intolerance beliefs using four subscales: discomfort intolerance emotional intolerance, achievement frustration, and entitlement (Harrington, 2005). Each subscale consists of 7 items which are answered on a 5 point Likert-type scale ranging from “absent” to “very strong.” Items are designed to tap “common thoughts and beliefs people may have when they are distressed or frustrated.” Questions are phrased to refer to general reactions, not a specific situation. A five-subscale version also exists, though the four-subscale version appears to have been used more often (Jibeen, 2013; Stankovic & Vukosavljevic-Gvozden, 2011; Wilde, 2012).
Wright, Lam, & Brown (2009) – The five item Frustrative Nonreward Responsiveness Scale seems to assess the likelihood an individual will quit or lose interest in a task when they cannot meet their goal, but does not seem to tap the emotion of anger. (This is a good reminder that the frustration “block” can precede many emotions such as anger, sadness, and boredom). Items are answered on a four point scale ranging from “very true for me” to “very false for me.” Questions are phrased in a way that asks the person to predict how they will respond to a frustrating situation.
The Frustration Scale consists of 3 items asking how frustrating a particular job or task has been; items are answered on a 7-point Likert scale, with higher scores indicating more frustration (Peters, O’Connor, & Rudolf, 1980). Questions are asked in the past tense, but if administered immediately following the task, this may meet your needs.

In the Moment Frustration

Scime and Norvilitis (2006) presented children with a challenging task (blindfolding them and asking them to complete a 15 piece puzzle). They assessed frustration by having children report their frustration level on a 4 point scale (“a lot” to “not at all”) and whether they were more likely to quit and more likely to get frustrated than other children on a 5 point scale (“a lot more” to “a lot less”). They also asked the children to describe (open response) how they knew they were frustrated and how they manage frustration.
Other studies have measured frustration by a combination of direct survey questions (similar to those used by Scime & Norvitilis, 2006, typically limited to 1-2 items) and physiological data such as heart rate, strength of grip or speed of use of a computer mouse or lever, or the electrical impulses from facial muscles  (Douglas & Perry, 1994; Hazlett, 2003; Reynolds, 2001)
Hoppmann (2009) describes the use of think-aloud techniques (having the participant narrate their experience out loud) in order to identify rising frustration and the “tipping point” of frustration.

On a side note, as a psychologist I typically conceptualize emotions as a single word or image, and cognitions as full sentences. Many validated symptom or personality trait measures seek to capture the person’s experience over a certain period of time (a week, a month), because you can capture many instances of the emotion and come up with a cohesive assessment. However, if I were to clinically ask a client about a particular emotion “in the moment,” as is done in some anxiety or trauma therapies (e.g., how angry/frightened/anxious are you right now), I would do so in a single question. If I wanted to understand why they felt that way, I would ask more questions and start tapping into cognitions.

Amsel, A. (1958). The role of frustrative nonreward in noncontinuous reward situations. Psychological Bulletin, 55, 102-119.
Berkowitz, L. (1989). Frustration-aggression hypothesis: Examination and reformulation. Psychological Bulletin, 106(1), 59-73.
Dollard, J. Doob, L., Miller, N., Mowrer, O., & Sears, R. (1939). Frustration and Aggression. New Haven: Yale University Press.
Douglas, V. I., & Perry, P. A. (1994). Effects of reward and nonreward on frustration and attention in attention deficit disorder. Journal of Abnormal Child Psychology, 22(3), 281-302.
Hazlett, R. (2003). Measurement of use frustration: A biologic approach. CHI EA ’03 Extended Abstracts in Human Factors in Computing Systems, ACM, New York, New York, 734-735. Doi:10.1145/765891.765958
Harrington, N. (2005). The Frustration Discomfort Scale: Development and psychometric properties. Clinical Psychology and Psychotherapy, 12, 374-387.
Hoppmann, T. K. (2009). Examining the ‘point of frustration.’ The think-aloud method applied to online search tasks. Quality & Quantity: International Journal of Methodology, 43, 211-224. DOI 10.1007/s11135-007-9116-0
Jibeen, T. (2013). Frustration intolerance beliefs as predictors of emotional problems in university undergraduates. Journal of Rational-Emotive & Cognitive-Behavior Therapy, 31(1), 16-26. Doi: 10.1007/s10942-012-0154-8.
Peters, L. H., O’Connor, E. J., & Rudolf, C. J. (1980). The behavioral and affective consequences of performance-relevant situational variables. Organization Behavior & Human Performance, 25(1), 79-96. doi: 10.1016/0030-5073(80)90026-4
Reynolds, C. J. (2001). The sensing and measurement of frustration with computers. Massachusetts Institute of Technology, (unpublished Master’s Thesis). Cambridge, MA. Retrieved from: http://vismod.media.mit.edu/tech-reports/TR-559.pdf
Scime, M., & Norvilitis, J. M. (2006). Task performance and response to frustration in children with attention deficit hyperactivity disorder. Psychology in the Schools, 43(3), 377-386.
Shorkey, C. T., & Crocker, S. B. (1981). Frustration theory: a source of unifying concepts for  generalist practice. Social Work, 26(5), 374-379
Stankovic, S. & Vukosavljevic-Gvozden, T. (2011). The relationship of a measure of frustration intolerance with emotional dysfunction in a student sample. Journal of Rational-Emotive & Cognitive-Behavior Therapy, 29(1), 17-34. DOI: 10.1007/s10942-011-0128-2.
Wilde, J. (2012). The relationship between frustration intolerance and academic achievement in college. International Journal of Higher Education, 1(2), 1-8. DOI: 10.5430/ijhe.v1n2p1
Wright, K. A., Lam, D. H., & Brown, R. G. (2009). Reduced approach motivation following nonreward: Extension of the BIS/BAS scales. Personality and Individual Differences, 47(7), 753-757. doi: 10.1016/j.paid.2009.06.015


Tequila Cowboy opens Thursday in Lansing Mall

LANSING - Country, rock, all today's hits. Bringing Music City to your city.

That's the Tequila Cowboy concept. And they're bringing it to the Lansing area soon.

Tequila Cowboy Bar & Grill and Wanna B's Karaoke Sports Bar & Grill will open Thursday in the Lansing Mall near Regal Cinemas at the north end of the mall.

The grand opening kicks off at 8 p.m.

"We just had a great opportunity to come to Lansing," owner Adam Hesler, said. "We really liked it and what it had to offer. We wanted to bring the party up here."

Hesler, 32, owns two other Tequila Cowboy Sports Bar & Grills. The flagship store opened in Nashville, Tennessee, in 2012. The Columbus, Ohio, store opened in 2014.

Tequila Cowboy will open in the space formerly designated for a Toby Keith's I Love This Bar & Grill, which never was completed.

The venue is huge. There are four bars inside the 18,000-square foot space - three in Tequila Cowboy and another in the adjoining Wanna B’s Karaoke Sports Bar & Grill.

Tequila Cowboy holds about 900 people. An enclosed outdoor patio, which will be open year-round, has the capacity for 785, and Wanna B’s can hold another 200.

"With Nashville blowing up the way it is, we wanted to bring that Nashville Music City up to Lansing," Hesler said.

And they are.

Tequila Cowboy will have live acts from Nashville every Friday and Saturday. When they're finished, Hesler says, they'll kick the rest of the night off with a DJ.

On Wednesdays, Tequila Cowboy will host line dancing lessons. On Thursdays, "We’re going to bring regional-to-up-and-coming acts in – The Josh Thompson, Colt Ford, Craig Campbell, Phil Vassar types," Hesler said.

Wanna B's offers 250,000 karaoke songs to choose from, pretty much anything you can think of.

"They really complement each other and give you that multi-venue feel, but you’re in the same space," Hesler said.

A mechanical bull awaits anyone who wants to give it a whirl.

"You can test your luck on it," Hesler said.

Tequila Cowboy is known for its 32-ounce Music City Margarita, which won Best Margarita in Nashville in 2014.

"That’s kind of our staple bread-and-butter piece," Hesler said. "It’s a great taste. It’s a Patron margarita and it’s phenomenal."

On Thursday, they'll have the Jamie Baxter Band from Nashville and drink specials. WITL will be there live.

Tequila Cowboy is ready to kick off and have a party, Hesler said..

"We encourage everyone from right now until the Dec. 3 opening to come look at the place," Hesler said. "It’s built. It’s ready to go. We want people to see it, feel it and be excited about it."

Contact Vickki Dozier at (517) 267-1342 or vdozier@lsj.com . Follow her on Twitter @vickkiD .


/*
 * Copyright (c) 2017
 *
 * Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"),
 * to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense,
 * and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
 *
 * The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
 *
 * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
 * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
 * LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
 * DEALINGS IN THE SOFTWARE.
 */

package jsettlers.main.android.gameplay.controlsmenu.goods;

import jsettlers.common.material.EMaterialType;

/**
 * Created by Tom Pratt on 05/08/2017.
 */

public class TradeMaterialState {
	private final EMaterialType materialType;
	private int count;

	public TradeMaterialState(EMaterialType materialType, int count) {
		this.materialType = materialType;
		this.count = count;
	}

	public EMaterialType getMaterialType() {
		return materialType;
	}

	public int getCount() {
		return count;
	}
}


class Subscribe {
    constructor() {
        this.data = {};
    }

    /**
     * 订阅
     * @param {object} o
     * @param {string} o.name
     * @param {string} o.guid
     * @param {object} o.context
     * @param {function} o.fn
     */
    on ({ name, guid, context, fn }) {
        this.data[name] || (this.data[name] = []);
        this.data[name].push({ guid, context, fn })

        return this.data[name].length - 1;
    }

    /**
     * 退订
     * @param {string} name
     * @param {function} o.item 引用
     */
    off (name, item) {
        this.data[name] = this.data[name].filter(cuItem => {
            return cuItem != item;
        });
    }

    /**
     * 退订所有
     * @param {string} name
     */
    offAll (name) {
        if (typeof name === 'undefined') {
            for (const KEY in this.data) {
                this.data[KEY] = [];
            }
        } else {
            this.data[name] = [];
        }
    }

    /**
     * 发布
     * @param {string} name
     * @param {function} callback
     */
    async emit (name, callback) {
        for (const item of this.data[name]) {
            let flag = await callback(item);

            if (flag === true) continue;
            else if (flag === false) break;
        }

        return Promise.resolve();
    }
}

export default Subscribe;


At PNC Park in Pittsburgh, baseball fans can sip craft brews like local favourites Pennsylvania Pilsner and Allegheny Pale Ale, as well as a selection of suds from roughly a dozen other independent breweries across the U.S., while watching the Pirates play.

At Cincinnati’s Great American Ballpark, there’s even a craft beer-focused bar, where Reds fans can sip dozens of independent brews such as the locally brewed Rivertown Brewing’s boldly bitter and aromatic Hop Bomber, and their much more subtle Bavarian-style Helles lager.

Almost everywhere in the major leagues, there are options for the craft beer-drinking baseball fan — even at ballparks named for big breweries or the families who founded them, like Colorado’s Coors Field, or Busch Stadium in St. Louis.

Take our poll

But when the Blue Jays take on the New York Yankees in their home opener at the Rogers Centre Friday, the only beers available will be those brewed by Anheuser Busch-InBev, the largest brewing conglomerate in the world, which by some estimates makes roughly one out of every four pints sold on the entire planet. Think Budweiser, Bud Light and Keith’s, with the odd can of Stella available at some concession stands.

Last season, for one brief, shining year, fans could find some Steamwhistle, if they looked hard enough. The well-made pilsner, which was available at a grand total of one concession stand, is pretty much the dictionary definition of local beer — the brewery is almost literally in the shadow of the Rogers Centre.

But an errant tweet or two from the brewery telling fans where they could find the brew at the stadium resulted in the Jays giving Steamwhistle the heave-ho.

What’s the reason? Simply put, money. With all those multi-million dollar salaries to pay, the Jays — like any other business — are looking to maximize revenue. Big breweries like AB-InBev can afford to cut a bigger cheque than the little guys to secure the rights to pour their beer at the stadium. Those cheques are big enough, apparently, to convince the Jays that giving AB-InBev exclusive rights is a good idea.

Tossing Steamwhistle met with outrage on social media, and led to the creation of petitions demanding that the Jays reverse their stance.

So why should the Jays care what a few hundred hardcore beer geeks think? Aside from the old adage that for every person who complains in writing that 10 more feel the same way silently, there are plenty of good reasons.

For one thing, having craft beer around could help with major league baseball’s age issue. Of all the major North American sports, the average age of MLB fans is by far the highest, well over a decade older than the NFL and NBA. This is a problem the sport has been struggling to change for a while.

Craft beer drinkers, on the other hand, tend to be younger (and for another thing, have higher incomes) than consumers of mass-produced suds. In Pittsburgh, the craft beer is specifically being used to lure more fans in; the Pirates have a monthly game with a “beer passport,” which includes discounted game tickets, and a pre-game guided beer tasting.

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Another big reason the Jays should care is that big breweries are being more careful with their marketing dollars. In some cases, such as the Toronto Indy auto race, craft brewers have stepped into the breach. Alienating craft brewers — potential partners who they may one day have to come back to, cap in hand — is more than a little short-sighted of the Jays.

And finally, speaking as a fan who’s been going to Jays games since their first season, it would be a pleasant change to have a choice of something other than fizzy, pale yellow lager. Whether it’s a properly made pilsner like Steamwhistle, a wonderful wheat beer like Denison’s Weissbier, a hoppy IPA like Amsterdam’s Boneshaker, or just something crisp and refreshing like Mill Street Organic, there are plenty of local options that would fit the bill as good ballpark brews. Let’s hope the Jays get into the game.


                                                                            FILED
                                                                         JUNE 20, 2017
                                                                  In the Office of the Clerk of Court
                                                                WA State Court of Appeals, Division III

            IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
                               DIVISION THREE

STATE OF WASHINGTON,                          )
                                              )         No. 33812-6-111
                      Respondent,             )         (consolidated with
                                              )         Nos. 33836-3-111, 33804-5-111,
       V.                                     )         33805-3-111)
                                              )
TAYLOR ROSS LANDRUM,                          )
                                              )         UNPUBLISHED OPINION
                      Appellant.              )
                                              )
                                              )
                                              )
In the Matter of the Personal Restraint of    )
                                              )
TAYLOR ROSS LANDRUM,                          )
                                              )
                      Petitioner.             )

       SIDDOWAY, J. -Taylor Landrum appeals following a remand for resentencing

and for the trial court to conduct a post hoc review, under Bone-Club, 1 of its order sealing

juror questionnaires. A threshold issue is whether he complains of matters outside the

scope of issues considered by the trial court on remand, and that are therefore outside the

scope of this appeal. His timely personal restraint petition is consolidated with this

second appeal.

       1
           State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995).
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

       We remand again for the trial court to correct the standard range for Mr.

Landrum's solicitation of perjury conviction and a few clerical errors, to vacate sexual

assault protection orders entered to protect three witnesses, and to strike a number of

community custody conditions. Finding no merit in his personal restraint petition, we

dismiss it.

                     FACTS AND PROCEDURAL BACKGROUND

       In July 2008, the Benton County prosecutor charged Taylor Landrum with

attempted indecent liberties for his forcible sexual advances on a 27-year-old woman in

October 2006. It thereafter charged him with the second degree rape of a different, 29-

year-old woman, in October 2008. It eventually added four counts of solicitation to

commit first degree perjury to the second information, based on letters Mr. Landrum

passed to a fellow inmate in an effort to get him to lie about the victim of the rape.

       Following a consolidated trial, the jury found Mr. Landrum guilty of all charges.

In sentencing Mr. Landrum, the court imposed a couple dozen community custody

conditions, a number of which limited his contact with minors; his viewing of written,

pictorial, or video materials; his computer and Internet use; and authorized polygraph

testing at the request of his therapist or community corrections officer. No objection was

made. The trial court sealed questionnaires that had been completed by jurors.

       In Mr. Landrum' s first appeal, this court reversed three of his solicitation of

perjury convictions as inconsistent with the applicable unit of prosecution but affirmed

                                              2
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

his remaining convictions. It ordered the trial court to determine, applying the Bone-Club

factors, whether the juror questionnaires should remain sealed. On remand, the trial court

vacated the order sealing the questionnaires. It resentenced Mr. Landrum, imposing a

sentence of 80 months to life for the attempted indecent liberties conviction, 170 months

to life for the rape conviction, and 20 months for the solicitation conviction, each to run

concurrently. Over Mr. Landrum's objection, the trial court imposed the same

community custody conditions originally imposed. It sentenced him to lifetime

community custody and ordered him to register as a sex offender.

       Turning to costs on conviction, the trial court stated its understanding that the

State was willing to waive discretionary costs, which the prosecutor agreed was correct.

The court then stated, "So the court would not be imposing anything other than the

mandatory fees." Report of Proceedings (RP) (Mar. 18, 2015) at 111. It announced it

would impose only a $500 crime victim's assessment fee, and $260 in what it referred to

as clerk's and filing fees, for a total of$760 in each case. Id. at 112-13. The judgment

and sentence entered for the rape conviction included a $100 DNA2 collection fee,

however, for total costs of $860.

       2
           Deoxyribonucleic acid.

                                              3
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

       Finally, the trial court entered postconviction sexual assault protection orders in

favor of the two victims of the crimes of conviction as well as three other women whose

testimony about encounters with Mr. Landrum was admitted at trial under ER 404(b).

       Mr. Landrum appeals again. Consolidated with the appeal is his motion for a new

trial, transferred to this court for consideration as a personal restraint petition.

                                          ANALYSIS

       "The general rule is that a defendant is prohibited from raising issues on a second

appeal that were or could have been raised on the first appeal." State v. Fort, 190 Wn.

App. 202, 233-34, 360 P.3d 820 (2015), review denied, 185 Wn.2d 1011 (2016) (citing

RAP 2.5(c); State v. Sauve, 100 Wn.2d 84, 87, 666 P.2d 894 (1983); State v. Mandanas,

163 Wn. App. 712, 716, 262 P.3d 522 (2011)). This rule applies even when the issue is

one of constitutional magnitude. Id. at 716-17. The proper vehicle for new issues is a

personal restraint petition. Sauve, 100 Wn.2d at 87.

       RAP 2. 5(c )( 1) nonetheless permits review "where the trial court has exercised

some discretion." Mandanas, 163 Wn. App. at 716 n.2. The rule provides:

       If a trial court decision is otherwise properly before the appellate court, the
       appellate court may at the instance of a party review and determine the
       propriety of a decision of the trial court even though a similar decision was
       not disputed in an earlier review of the same case.

                                               4
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

RAP 2.5(c)(l). 3 The rule "'does not revive automatically every issue or decision which

was not raised in an earlier appeal.'" State v. Wheeler, 183 Wn.2d 71, 78, 349 P .3d 820

(2015) (quoting State v. Barberio, 121 Wn.2d 48, 50,846 P.2d 519 (1993)). Since the

rule deals with trial court decisions presently before the appellate court, it is "' [o]nly if

the trial court, on remand, exercised its independent judgment, reviewed and ruled again

on such issue [that] it become[s] an appealable question."' Id. Moreover, the rule

permits but does not mandate review of unremanded matters, in both the trial court and

the appellate court. Barberio, 121 Wn.2d at 51.

       Mr. Landrum's challenges to errors in his new judgment and sentence on the

solicitation count are properly before us, as are the sexual assault protection orders

requested by the State and entered at the time of resentencing. We reject the State's

argument that the trial court did not exercise independent judgment to review and

reconsider the community custody conditions. The State affirmatively, even if

unnecessarily, re-asked that the conditions be imposed, and the trial court heard and ruled

on Mr. Landrum's objection to them.

       Several issues identified in Mr. Landrum' s statement of additional grounds will

not be considered for the first time in this second appeal, however, as discussed hereafter.

       3
         The condition that the trial court decision be "properly before the appellate
court" refers in part to the requirement that a litigant properly preserve issues for
appellate review. 2A KARL B. TEGLAND, WASHINGTON PRACTICE: RULES PRACTICE:
RAP 2.5, at 238 (8th ed. 2014).

                                               5
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

                           I. Errors in the judgment and sentence

       Several errors in the judgment and sentence require correction. First is the

identification of the standard range for solicitation to commit first degree perjury.

       The Sentencing Reform Act of 1981 (SRA), chapter 9.94A RCW, requires that

"[a]ny sentence imposed under this chapter shall be determined in accordance with the

law in effect when the current offense was committed." RCW 9.94A.345. Mr.

Landrum's solicitation of perjury was alleged to have occurred between October 11, 2008

and September 1, 2009. During that time, the SRA provided:

       For persons convicted of the anticipatory offenses of criminal ...
       solicitation ... under chapter 9A.28 RCW, the presumptive sentence is
       determined by locating the sentencing grid sentence range defined by the
       appropriate offender score and the seriousness level of the crime, and
       multiplying the range by 75 percent.

RCW 9.94A.595. Mr. Landrum's offender score on the solicitation charge was an

undisputed 3. Based on that offender score and first degree perjury's seriousness level of

V, the standard range for the completed crime is 15 to 20 months. RCW 9.94A.515

(2008); 9.94A.510 (2008). Seventy-five percent of that range is 11.25 to 15 months, so

Mr. Landrum's sentence of 20 months exceeds the maximum. While the State is correct

that his total sentence is unaffected by the error, Mr. Landrum is entitled to have the

sentence corrected.

       Mr. Landrum also identifies two clerical errors in the judgments and sentences,

both conceded by the State. "A clerical mistake is one that when amended would

                                              6
No. 33812-6.;III (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

correctly convey the intention of the court based on other evidence." State v. Priest, 100

Wn. App. 451, 456, 997 P.2d 452 (2000). A court may correct a clerical mistake at any

time. CrR 7.8(a).

       First, the trial court imposed Mr. Landrum's sentence under RCW 9.94A.507,

rather than RCW 9.94A.712, which was the statute in effect at the time the crimes

occurred. RCW 9.94A.507 did not become effective until August 1, 2009. See LAWS OF

2008, ch. 231, § 33.

       Second, Mr. Landrum argues the trial court inadvertently imposed more costs than

the mandatory LFOs intended. He is mistaken in contending that the court imposed

$2,452.01 in LFOs in the judgment and sentence for the indecent liberties conviction; he

is looking at the cost bill listing all of the county's expenses without noting that only two

are marked by the court to be taxed. The total ordered by the court in that judgment and

sentence was $860.

       Mr. Landrum correctly argues that the $60 sheriffs fee imposed is a discretionary

cost. See RCW 10.01.160(2) (authorizing "expenses specially incurred by the state in

prosecuting the defendant"). Based on its stated intention to impose only mandatory

costs, the imposition of the sheriffs fee was a mistake.

       However, the $100 discrepancy between the two judgments brings to light that the

trial court only imposed the mandatory $100 DNA fee in the judgment and sentence for

indecent liberties. The trial court and prosecutor orally expressed uncertainty as to

                                              7
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

whether the DNA fee had become mandatory, but the court orally announced it would

waive the fee, recognizing it could be corrected if it was wrong. It then waived the DNA

fee, but only in the judgment and sentence for rape and solicitation.

        Though previously the $100 DNA fee could be waived if the court found it would

result in undue hardship, in 2008 the legislature amended the statute to make the fee

mandatory. See LAWS OF 2002, ch. 289, § 4; LAWS OF 2008, ch. 97, § 3; State v. Shelton,

194 Wn. App. 660, 669-70, 378 P.3d 230 (2016), review denied, 187 Wn.2d 1002 (2017)

(explaining the statutory history). As an adult who had been convicted of the two sex

offenses and who was required to register as a sex offender under RCW 9A.44.130(1),

Mr. Landrum was required to submit to DNA collection under RCW 43.43.754(1)(b).

Under RCW 43.43.7541, he was required to pay the $100 DNA fee. While the

judgments and sentences must be corrected to strike the discretionary sheriffs fee, the

mandatory DNA fee must be imposed, for total costs in each judgment and sentence of

$800.

                             fl   Sexual assault protection orders

        At resentencing, the State asked the court to enter permanent postconviction

sexual assault protection orders for the two victims of the crimes of conviction as well as

three women who testified at trial about Mr. Landrum's similar conduct toward them.

Mr. Landrum contends that RCW 7 .90.150, the statute that authorizes such protection

orders, applies only to victims of the crime of conviction. Because he did not object to

                                              8
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

entry of the orders at the time of his resentencing, he frames his challenge as a claim of

ineffective assistance of counsel.

       Effective assistance of counsel is guaranteed by both the Sixth Amendment to the

United States Constitution and article I, section 22 of the Washington Constitution. U.S.

CONST. amend. VI; WASH. CONST. art. I, § 22; Strickland v. Washington, 466 U.S. 668,

686, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); State v. Mierz, 127 Wn.2d 460,471,901

P .2d 286 (1995). To demonstrate ineffective assistance of counsel, a defendant must

show two things: "(l) defense counsel's representation was deficient, i.e., it fell below an

objective standard of reasonableness based on consideration of all the circumstances; and

(2) defense counsel's deficient representation prejudiced the defendant, i.e., there is a

reasonable probability that, except for counsel's unprofessional errors, the result of the

proceeding would have been different." State v. McFarland, 127 Wn.2d 322, 334-35,

899 P.2d 1251 (1995) (citing State v. Thomas, 109 Wn.2d 222, 225-26, 743 P.2d 816

( 1987)). "A claim of ineffective assistance of counsel presents a mixed question of fact

and law reviewed de novo." State v. Sutherby, 165 Wn.2d 870, 883, 204 P.3d 916

(2009).

       RCW 7.90.150 provides that when a defendant is found guilty of certain identified

sex offenses including those charged here, and a condition of the sentence restricts the

defendant's ability to have contact with the victim, "the condition shall be recorded as a

sexual assault protection order." RCW 7.90.150(6)(a).

                                              9
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

          The State-relying on the legislative declaration to chapter 7.90 RCW, which

speaks generically of victims of sexual assault-argues that the word "victim" in RCW

7.90.150(6)(a) should be construed broadly. But chapter 7.90 RCW includes a process

whereby any sexual assault victim may obtain such an order "regardless of whether or not

there is a pending lawsuit, complaint, petition, or other action between the parties" by

proving by a preponderance of the evidence that non consensual sexual conduct occurred.

RCW 7.90.020(2), .090(1)(a). As a result, the legislative declaration does not necessarily

inform the meaning ofRCW 7.90.150, which gives rise to automatic sexual assault

protection order status in the event of certain convictions.

          Whether a trial court has authority to enter protection orders for witnesses who

testified at the trial but were not victims of the crimes of conviction is a question of

statutory interpretation reviewed de novo. State v. Ervin, 169 Wn.2d 815, 820, 239 P.3d

3 54 (2010). The fact that "victim" in the provision is preceded by the definite article

"the" instead of the indefinite article "a" would generally indicate a specific, identified

victim:

       "The rules of grammar ... provide that the definite article, 'the', is used
       'before nouns of which there is only one or which are considered as one."'
       State v. Neher, 52 Wn. App. 298, 300, 759 P.2d 475 (1988) (quoting A.J.
       THOMSON & A.V. MARTINET, A PRACTICAL ENGLISH GRAMMAR 3 (3d ed.
       1982)), ajf'd, 112 Wn.2d 347, 771 P.2d 330 (1989). The indefinite article
       "a" or "an" is used, on the other hand, "' when the individual in question is
       undetermined, unidentified, or unspecified."' State v. Ose, 156 Wn.2d 140,
       146, 124 P.3d 635 (2005) (quoting WEBSTER'S THIRD NEW INTERNATIONAL
       DICTIONARY 1 (2002)).

                                               10
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

Dep 't of Ecology v. City of Spokane Valley, 167 Wn. App. 952, 965, 275 P.3d 367 (2012)

(footnote omitted). Because RCW 7.90.150(6)(a) speaks of a defendant found guilty of a

sex offense and a sentencing condition restricting contact with "the victim," not "a

victim"; a legislative intent to limit automatic sexual assault protection order status to

orders protecting victims of the crime of conviction is clear. The requirement that other

victims must petition and prove entitlement to such an order further supports Mr.

Landrum's contention that the application of automatic sexual assault protection order

status is limited.

       The State nonetheless argues that even under this interpretation of the statute, Mr.

Landrum's lawyer was not ineffective because he could reasonably conclude that the

court could provide no contact protection for the witnesses as a crime-related condition or

as antiharassment no contact orders. RCW 9.94A.505(9) (crime-related conditions);

State v. Warren, 134 Wn. App. 44, 138P.3d 1081 (2006), ajf'd, 165 Wn.2d 17, 195 P.3d

940 (2008) (crime-related conditions can forbid contact with witnesses); chapter 10.14

RCW (antiharassment no contact orders). But antiharassment no contact orders require

the court to find by a preponderance of the evidence that unlawful harassment exists,

which was not proved here. RCW 10.14.080(3). And the penalties for violation of the

different types of orders are different. Violation of community custody may be subject

only to a sanction. RCW 9.94A.737. Violation of an antiharassment protection order

                                              11
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

may subject the offender to a gross misdemeanor, contempt of court, or sanctions. RCW

10.14.170; RCW 10.14.120. A violation of a sexual assault protection order is generally

a gross misdemeanor but can be a felony in the case of certain repeat offenses or an

assault. RCW 26.50.1 lO(l)(a).

       We conclude it was deficient performance for counsel at the resentencing to fail to

object to orders that should not have been available, and that could subject his client to

future charges for contact with any of three individuals.

       We also conclude the failure to object was prejudicial. Absent evidence in the

record supporting equivalent prohibitions on Mr. Landrum's contact with the witnesses,

there was a reasonable probability that but for counsel's unprofessional errors, the result

of the proceeding would have been different.

                             III. Conditions of community custody

       At the State's request, and over Mr. Landrum's objection, the trial court re-

imposed the following conditions of community custody:

       (10)    Have no contact with any minors, unless approved by your therapist.
               In case of approved contact, it shall be only in the presence of an
               adult who has received prior approval from the therapist. The
               sponsor must be aware of offense behavior.

       (13)    Submit to polygraph testing upon the request of your therapist and/or
               Community Corrections Officer, at your own expense.
       (14)    Do not possess or view material that includes images of children
               wearing only undergarments and/or swimsuits.
       ( 15)   Do not possess or view material that includes images of nude
               women, men, and/or children.

                                             12
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

       (16)   Do not possess or view material that shows women, men and/or
              children engaging in sexual acts with each other, themselves, with an
              object, or animal.

       (20)   Do not view or attend X-rated movies, peep shows, or adult book
              stores.
       (21)   Avoid places where children congregate, including parks, libraries,
              playgrounds, schools, daycare centers, and video arcades.
       (22)   Hold no position of trust or authority involving children.

       (25)   Have no access to computers or the internet.

CP at 842-43. Because the trial court engaged in independent review of the conditions at

the time of resentencing, we have discretion to consider them on direct appeal.

                                           Ripeness

       As a threshold matter, because Mr. Landrum is currently incarcerated and has not

yet been charged with violating the challenged conditions, we must determine whether

his challenge is ripe for review. See State v. Sanchez Valencia, 169 Wn.2d 782, 786, 239

P.3d 1059 (2010). Pre-enforcement challenges to community custody conditions are ripe

for review "' if the issues raised are primarily legal, do not require further factual

development, and the challenged action is final."' State v. Bahl, 164 Wn.2d 739, 751,

193 P.3d 678 (2008) (quoting First United Methodist Church v. Hr 'g Exam 'r for Seattle

Landmarks Pres. Bd., 129 Wn.2d 238, 255-56, 916 P.2d 374 (1996)). We must also

consider "' the hardship to the parties of withholding court consideration.'" Id. at 25 5.

       All of the circumstances of ripeness are present with respect to these final

sentencing conditions, which will limit Mr. Landrum as soon as he is released from

                                              13
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

custody and that he challenges as not crime-related: a pure issue of law. See Sanchez

Valencia, 169 Wn.2d at 788. The fact that Mr. Landrum will have to alter his behavior to

avoid a penalty under potentially illegal regulations, or expose himself to arrest or

prosecution to challenge them, presents hardship. See Bahl, 164 Wn.2d at 747.

                                        Conditions

       The Sentencing Reform Act of 1981 empowers trial courts to impose "crime-

related prohibitions" during the period of community custody. Former RCW

9.94A.505(8) (2008). "Crime-related prohibitions" are orders directly related to "the

circumstances of the crime for which the offender has been convicted." RCW

9.94A.030(10). A court's imposition of crime-related prohibitions is reviewed for an

abuse of discretion. State v. Riley, 121 Wn.2d 22, 37,846 P.2d 1365 (1993). Discretion

is abused when it is exercised on untenable grounds or for untenable reasons. State ex

rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971).

       "The philosophy underlying the 'crime-related' provision is that '[p]ersons may be

punished for their crimes and they may be prohibited from doing things which are

directly related to their crimes, but they may not be coerced into doing things which are

believed will rehabilitate them."' Riley, 121 Wn.2d at 36-37 (alteration in original)

(quoting DAVID BOERNER, SENTENCING IN WASHINGTON§ 4.5, at 4-7 (1985)). Mr.

Landrum challenges conditions limiting his contact with minors; his viewing of written,

                                             14
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

pictorial, or video materials; his computer and Internet use; and the breadth of a condition

subjecting him to polygraph testing.

       Contact with. and depictions of minors. Community custody conditions 10, 14,

21, and 22 relate to having contact with children, being in locations where children

congregate, and possessing or viewing material that includes images of children wearing

only undergarments or swimsuits. The State justifies the conditions on the basis that one

of the ER 404(b) witnesses against Mr. Landrum was in her late teens at the time of her

encounter with him. The record reveals she was actually 20 years old. The State also

points out that the presentence investigation report states that Mr. Landrum was once

arrested for visiting a high school under false pretenses in order to contact a 15-year-old

female student. But this was in 2001, when Mr. Landrum was himself 18 years old-and

the basis for the arrest was trespass; the student admitted that she and Mr. Landrum

planned to meet at the school that day. Finally, the State points out that Mr. Landrum's

crimes reveal a pattern of offering rides to vulnerable women and argues that minor-age

women often need rides.

       In State v. Riles, 135 Wn.2d 326, 349-50, 957 P.2d 655 (1998), abrogated by State

v. Sanchez Valencia, 169 Wn.2d 782, 239 P.3d 1059 (2010), the Washington Supreme

Court found that a community custody condition prohibiting a defendant, Gholston, from

contacting minors, was not reasonably related to his crime of raping a 19-year-old

woman. The court reasoned that nothing in the record showed Gholston was a risk to

                                             15
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

children. Id. at 350. The State attempts to distinguish Riles, contending that evidence

that Mr. Landrum is a danger to minors is present here. Br. ofResp't at 10. But the

lower appellate court in Riles articulated a reason for prohibiting Gholston's contact with

minors that was about as persuasive as the State's argument in this case: it held, "the

victim was 'in her late teen-age years, not so far removed from minority that there is no

possibility that her youthful appearance was not a factor in Gholston's choice of her as

his victim."' Riles, 135 Wn.2d at 349 (quoting State v. Gholston, noted at 86 Wn. App.

1028, 1997 WL 288938, at *4). Our Supreme Court rejected what it characterized as that

"gratuitous" justification for limiting contact with children. Id.

       There is no reasonable relationship between Mr. Landrum's crimes and the

conditions relating to minors. They should be stricken.

       Images of nude individuals and sexually explicit materials. Community custody

condition 15 provides: "Do not possess or view material that includes images of nude

women, men, and/or children." CP at 315. There is nothing in the record that indicates

images of nude women, men, or children contributed or were in any way related to Mr.

Landrum's crimes. And such a limitation is overbroad, preventing Mr. Landrum from

viewing even great works of art. This condition should be stricken.

       Community custody conditions 16 and 20, by contrast, restrict possession and use

of sexually explicit materials. Condition 16 provides: "Do not possess or view material

that shows women, men, and/or children engaging in sexual acts with each other,

                                              16
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

themselves, with an object, or animal." CP at 315. Condition 20 prohibits Mr. Landrum

from viewing or attending X-rated movies, peep shows, or adult book stores. While the

record does not demonstrate that such activities served as a catalyst for Mr. Landrum's

crimes, because Mr. Landrum was convicted of a sex offense, conditions regarding

access to sexually explicit materials are crime related. See State v. Magana, 197 Wn.

App. 189, 201, 389 P.3d 654 (2016). The conditions were properly imposed.

       Computers or the Internet. Community custody condition 25 prohibits Mr.

Landrum from accessing computers or the Internet. The State does not try to defend it as

crime related. The record does not reveal any connection between the Internet or

computers and the crimes for which Mr. Landrum was convicted. The condition should

be stricken.

       Polygraph testing. Community custody condition 13 requires Mr. Landrum to

submit to polygraph testing if requested by his therapist or community corrections

officer. Mr. Landrum objects because the condition does not limit the testing to

monitoring his compliance with other community custody conditions.

       In Riles, our Supreme Court upheld an identical condition (although in that case,

the condition also required plethysmograph testing), but stated that polygraph testing is

authorized only "to monitor compliance with other conditions of community [custody]."

Riles, 135 Wn.2d at 351-52. In the court of appeals, the court had viewed such a

                                            17
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

limitation as implicit. State v. Riles, 86 Wn. App. 10, 16-17, 936 P.2d 11 (1997), ajf'd,

135 Wn.2d 326, 957 P.2d 655 (1998).

       In a later case, this court found that a community custody condition authorizing

polygraph testing should contain language setting forth the "' monitoring compliance"'

limitation. State v. Combs, 102 Wn. App. 949, 953, 10 P.3d 1101 (2000). It explained

that requiring such language "will serve to better inform offenders of their rights, ensure

protection of those rights, and prevent confusion amongst judges, defendants and

community corrections officers regarding the applicable legal standard." Id.

       Without deciding that "monitoring compliance" language is required, we do

encourage its use. We direct the trial court to add the limiting language to the condition

in this case, inasmuch as we are remanding for other reasons.

                        STATEMENT OF ADDITIONAL GROUNDS

       In a pro se statement of additional grounds for review (SAG), Mr. Landrum raises

five. The rules on appeal permit the defendant to file a SAG in order to identify and

discuss matters that have not been adequately addressed by the brief filed by the

defendant's counsel. RAP 10.lO(a). A SAG is not required to cite authorities or to the

record itself, but must sufficiently inform the court of the nature and occurrence of the

alleged errors. RAP 10 .10( c). We will not search the record in support of insufficiently

identified error. Id.

                                             18
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

       Interest on legal financial obligations. Mr. Landrum complains that the trial court

failed to address his request at resentencing pursuant to RCW 10.82.090 for a waiver of

interest on his legal financial obligations. Subsection (2) of that statute provides, "The

court may, on motion by the offender, following the offender's release from total

confinement, reduce or waive the interest on legal financial obligations levied as a result

of a criminal conviction," and then describes the interest that shall or may be waived.

The language "following the offender's release from total confinement" describes when

the motion may be made. This is consistent with the first subsection ofRCW 10.82.090,

which mandates that interest begins to accrue on the date the judgment is entered. RCW

10.82.090(2); State v. Claypool, 111 Wn. App. 473, 45 P.3d 609 (2002). It is also

consistent with the statute's description of interest that shall or may be waived, which

contemplates that the offender has been released. E.g., RCW 10.82.090(2)(a) (providing

for the waiver of certain interest "that accrued during the term of total confinement").

Since Mr. Landrum has not yet been released from total confinement, the trial court had

no authority to waive the interest on the LFOs imposed. Mr. Landrum may address the

issue upon his release.

       Mr. Landrum also asks us to remand for a correction of the LFOs imposed. This

issue was adequately addressed by counsel.

       Indeterminate Sentencing Review Board and Sex Offender Treatment Program

challenges. Mr. Landrum next argues that a requirement of the Indeterminate Sentencing

                                             19
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

Review Board and the Department of Corrections' (DOC's) Sex Offender Treatment

Program that a criminal defendant must admit guilt before he or she can receive treatment

or obtain release violates several constitutional rights. He does not identify any statute

whose constitutionality he challenges, no statute was challenged on this basis in his first

appeal, and the trial court did not independently review this issue at the time of

resentencing. If he is challenging a statute, we will not consider it in this, his second

direct appeal.

       If he is instead challenging a practice of the Board or the DOC, there is nothing in

the record to establish it, or that he has suffered injury from it, a requirement for issues

raised in a SAG, see RAP 10.lO(c), and a prerequisite for challenging the

constitutionality of government action. See State v. Cook, 125 Wn. App. 709, 720-21,

106 P.3d 251 (2005) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112

S. Ct. 2130, 119 L. Ed. 2d 351 (1992)). If and when the Board denies Mr. Landrum

parole, directly or indirectly because he refuses to admit guilt, he may seek relief by

personal restraint petition. See State v. Norman, 61 Wn. App. 16, 27-28, 808 P.2d 1159

(1991). But cf In re Pers. Restraint of Dyer, 164 Wn.2d 274,288, 189 P.3d 759 (2008)

(The Board "may base its decision to deny parole, in part, upon the fact that the offender

refuses treatment that requires him or her to take responsibility for criminal behavior.");

In re Pers. Restraint of Dyer, 175 Wn.2d 186, 198, 283 P.3d 1103 (2012).

                                              20
No. 33812-6-III (consol. w/ Nos. 33836-3-III, 33804-5-III, 33805-3-III)
State v. Landrum

       Lifetime community custody and sex offender registration. Mr. Landrum argues

that lifetime community custody and the requirement that he register as a sex offender are

unconstitutional. The issue presented is a "clear and obvious issue which could have

been decided in ... the first appeal." Barberio, 121 Wn.2d at 52. Review is unavailable

at this late stage. Id.

       Community custody conditions. Mr. Landrum objects to the imposition of several

community custody conditions. His objection to condition 15-that he not view material

that contains images of nude men, women, or children-was addressed by counsel. His

further argument that if he participates in sex offender treatment he will violate the

condition overlooks the fact that the condition does not become effective until his release.

If postrelease treatment would require a violation, he can challenge the condition then.

       He objects to condition 18, that he "not consume alcohol," as not crime related.

CP at 16. A condition prohibiting an offender from possessing or consuming alcohol

does not have to be crime related. See RCW 9.94A.703(3)(e); see also State v. Jones,

118 Wn. App. 199, 206-07, 76 P.3d 258 (2003) (construing former RCW 9.94A.120(8));

State v. Acevedo, 159 Wn. App. 221, 233, 248 P.3d 526 (2010).

       He objects to condition 13, that he submit to polygraph testing, on the basis (not

argued by his counsel) that polygraphs are unreliable and not accepted in the scientific

community. The Washington Supreme Court has rejected this as a basis for challenging

polygraph testing used for postrelease monitoring: "Although the results of polygraph

                                             21
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

tests are generally not admissible in a trial, this Court has acknowledged their validity as

an investigative tool." Riles, 135 Wn.2d at 342.

       Finally, Mr. Landrum objects to the following conditions as vague and ambiguous:

       (2) Work at Department of Corrections' approved education, employment,
       and/or community service;

       ( 6) Receive prior approval for living arrangements and residence location;

       (9) Remain within geographic boundary, as set forth in writing by the
       Community Corrections Officer.

CP at 315. The fact that approvals and parameters will be decided in the future does not

make these conditions vague or ambiguous. The subject matters and sources of approval

are clear.

       We reverse Mr. Landrum's sentence for solicitation of first degree perjury and

community custody conditions 10, 14, 15, 21, 22, and 25 in each judgment and sentence.

We remand for resentencing at which the sentence imposed for the solicitation conviction

shall not exceed the statutory maximum, the clerical errors and LFO amount in the

judgment and sentences will be corrected, and the polygraph testing authorized by

condition 13 shall be expressly limited to testing to monitor compliance with other

conditions of community custody. Finally, we direct the trial court to vacate the sexual

assault protection orders protecting J.J.R. (see CP at 318), A.N.M., and M.S.J. (see CP at

845). We need not address Mr. Landrum's request that we exercise discretion under RAP

14.2 to deny the State costs on appeal because the State has not substantially prevailed.

                                             22
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

                           PERSONAL RESTRAINT PETITION

       On September 25, 2015, Mr. Landrum filed a motion for a new trial in both cases

below, relying on a change in the law announced in State v. WR., 181 Wn.2d 757,336

P.3d 1134 (2014). In that case, the Washington Supreme Court overruled precedent that

required a defendant to a rape charge to prove consent to sexual intercourse by a

preponderance of the evidence, holding that "once a defendant asserts a consent defense

and provides sufficient evidence to support the defense, the State bears the burden of

proving lack of consent as part of its proof of the element of forcible compulsion." Id. at

763. Pursuant to CrR 7.8(c), the trial court transferred Mr. Landrum's motion to this

court for consideration as a personal restraint petition.

       As the State points out, no consent instruction was given in Mr. Landrum's trial,

so the jury did not decide the case on the basis of a mistaken understanding of the burden

of proof. Mr. Landrum cannot point to any error that occurred at trial. But he contends

that had he been informed of the "correct" law-viz., that he would not have to prove

consent by a preponderance of the evidence-he would have altered his trial strategy and

taken a plea deal. His personal restraint petition therefore presents only an issue of

ineffective assistance of counsel, not trial error.

       As earlier discussed, any claim of ineffective assistance of counsel requires a

defendant to show that counsel's performance was deficient and that the defendant was

                                               23
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

prejudiced by the deficient performance. 4 In assessing performance, we indulge in a

strong presumption that the defendant was properly represented. State v. Tilton, 149

Wn.2d 775, 784, 72 P.3d 735 (2003).

       "Many state and federal cases have ... concluded that an attorney's failure to raise

novel legal theories or arguments is not ineffective assistance." State v. Brown, 159 Wn.

App. 366,371,245 P.3d 776 (2011) (citing cases). A number of Washington decisions

hold, like most federal courts, that counsel's failure to anticipate changes in the law does

not amount to deficient performance. Id. at 373.

       Mr. Landrum does not explain how or why his trial lawyer should have foreseen

WR. 's overruling of prior case law, particularly given the importance the Washington

Supreme Court attaches to the doctrine of stare decisis. See WR., 181 Wn.2d at 768

(prior decisions are overruled only on a "clear showing" that the prior rule is "incorrect

and harmful"). We note that a third of the Supreme Court justices who heard WR. would

not have overruled prior law. They characterized prior law in their dissent as including

"recent and well-reasoned precedent." 181 Wn.2d at 771 (Owens, J. dissenting). We do

not expect trial counsel to be able to foresee even better than our most senior jurists, that

established precedent warrants overruling.

       4
        1n In re Personal Restraint of Crace, 174 Wn.2d 835, 846-47, 280 P.3d 1102
(2012), our Supreme Court held that a showing of prejudice for purposes of an ineffective
assistance of counsel claim necessarily meets a personal restraint petitioner's burden of
showing actual and substantial prejudice.

                                             24
No. 33812-6-111 (consol. w/ Nos. 33836-3-111, 33804-5-111, 33805-3-111)
State v. Landrum

       Deficient performance is not shown, so we need not address prejudice. Strickland,

466 U.S. at 700 ("Failure to make the required showing of either deficient performance or

sufficient prejudice defeats the ineffectiveness claim."). Mr. Landrum's personal

restraint petition is dismissed.

       A majority of the panel has determined this opinion will not be printed in the

Washington Appellate Reports, but it will be filed for public record pursuant to RCW

2.06.040.

                                                    dZ'~{l)~
                                                    doway,J.
                                                                              I~

WE CONCUR:

                                            25


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Ten patients undergoing elective cataract surgery with local anesthesia were evaluated for rebreathing using mass spectrometry and arterial blood gas analysis. Results showed a 10 or 51 oxygen-air mixture with an inspired oxygen concentration of 50% (FIO2) administered via a face tent maintained normal blood gases and a satisfactorily low inspired carbon dioxide (FICO2) in conscious patients who were free of lung disease.


Q:

Sum of each table and Sum of Individual table

I have two table and i want to find sum of both tables records and sum of each also.Here is my query which give me sum of both correctly.
select sum(tot_live) as tot_live
        from ( select count(id) as tot_live from crm_rentals where status = 2 and is_active=1 and is_archive=0
       union
       select count(id) as tot_live from crm_sales where status = 2 and is_active=1 and is_archive=0 ) s

This give me tot_live = 300
Now i want to show count of each like 300=100 and 200
tot_live | table1   |table2
300        100        200

A:

Try somethine like below:
select @table1:=( select count(id) as tot_live from crm_rentals where status = 2 and is_active=1 and is_archive=0),
@table2:=(select count(id) as tot_live from crm_sales where status = 2 and is_active=1 and is_archive=0 ),
 (@table1 +@table2) as tot_live

Created SQL FIDDLE with sample values