¶ 1. The court is equally divided on the question of whether the unpublished decision of the court of appeals, State v. Thomas, no. *242 98-0152 (Dec. 9,1998), should be affirmed or reversed. Chief Justice SHIRLEY S. ABRAHAMSON, Justice WILLIAM A. BABLITCH and Justice ANN WALSH BRADLEY would affirm; Justice JON P. WILCOX, Justice N. PATRICK CROOKS and Justice DIANE S. SYKES would reverse. Justice DAVID T. PROSSER did not participate.

¶ 2. Accordingly, the decision of the court of appeals is affirmed.