*1021¶1 Justice Boatright, Justice Hood and Justice Gabriel are of the opinion that the judgment of the court of appeals should be affirmed; whereas Chief Justice Coats, Justice Márquez, and Justice Samour are of the opinion that it should be reversed. Justice Hart does not participate.

¶2 Because the court is equally divided, the judgment of the court of appeals is affirmed by operation of law C.A.R. 35(b).

JUSTICE HART does not participate.