PER CURIAM
MR. CHIEF JUSTICE PRINGLE does not participate. MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE ERICKSON are in favor of affirmance; whereas, MR. JUSTICE DAY, MR. JUSTICE KELLEY, and MR. JUSTICE LEE are in favor of reversal. The court being equally divided in opinion, the judgment stands affirmed by operation of law pursuant to C.A.R. 35(e).