IN THE SUPREME COURT OF IOWA No. 19–1760 Polk County No. AGCR329495 ORDER CLERK OF SUPREME COURT

STATE OF IOWA, Appellee, vs. PRINCE G. PAYE, Appellant.

The court, May, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2022).

NOV 10, 2022

The district court’s denial of Paye’s motion to suppress stands. Waterman, Mansfield, and McDonald, JJ., would vacate the decision of the court of appeals and affirm the judgment of the district court on the suppression issue; Christensen, C.J., and Oxley and McDermott, JJ., would affirm the decision of ELECTRONICALLY FILED

the court of appeals and reverse the judgment of the district court on that issue.

The decision of the court of appeals is vacated, and the judgment of the district court is affirmed. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the supreme court is equally divided . . . , the decision of the district court is affirmed by operation of law.”).

Electronically signed on 2022-11-10 08:07:26