11 Justice Hobbs, Justice Rice, and Justice Eid are of the opinion that the judgment of the court of appeals, People v. Scoggins, 240 P.3d 331, 334 (Colo.App. 2009), should be affirmed, whereas Chief Justice Bender, Justice Coats, and Justice Boatright are of the opinion that it should be reversed.

{2 Because the court is equally divided, the decision of the court of appeals is affirmed by operation of law. See C.A.R. 85(e).