Justice Hobbs, Justice Martinez and Justice Bender are of the opinion that the judgment of the Court of Appeals, Case No. 01CA0783, should be affirmed, whereas Chief Justice Mullarkey, Justice Kourlis and Justice Coats are of the opinion that it should be reversed. Justice Rice does not participate.

Since the court is equally divided, the decision of the Court of Appeals is affirmed by operation of law. C.A.R. 35(e).