Justice Kourlis, Justice Rice and Justice Coats are of the opinion that the judgment of the Court of Appeals should be affirmed, whereas Chief Justice Mullarkey, Justice Hobbs and Justice Martinez are of the opinion that it should be reversed.
Since the court is equally divided, the decision of the Court of Appeals is affirmed by operation of law. C.A.R. 35(e).
JUSTICE BENDER does not participate.