MR. CHIEF JUSTICE PRINGLE does not participate. MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE ERICKSON are in favor of affirmance; whereas, MR. JUSTICE DAY, MR. JUSTICE KELLEY, and MR. *142JUSTICE LEE are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law pursuant to C.A.R. 35(e).