Opinion
No. 98SC284
May 30, 2000 Rehearing Denied July 3, 2000.
Certiorari to the Colorado Court of Appeals.
JUDGMENT AFFIRMED WITHOUT OPINION.
David Kaplan, Colorado State Public Defender Kathleen A. Lord, Chief Appellate Deputy, State Public Defender, Denver, Colorado, Attorneys for Petitioner.
A. William Ritter, Jr., District Attorney, Second Judicial District, Nathan B. Coats, Chief Deputy District Attorney, Denver, Colorado, Attorneys for Respondent.
EN BANC
Chief Justice Mullarkey, Justice Kourlis and Justice Rice are of the opinion that the judgment of the court of appeals, 975 P.2d 1135 (Colo.App. 1998), should be affirmed, whereas Justice Hobbs, Justice Martinez, and Justice Bender are of the opinion that it should be reversed.
Since the court is equally divided, the decision of the court of appeals is affirmed by operation of law. See C.A.R. 35(e).
JUSTICE COATS does not participate.