Opinion
No. 28104 No. 28111
Decided April 2, 1979.
The People appeal from the dismissals of criminal complaints against defendant in case no. 28104 and case no. 28111, which cases were consolidated on appeal.
Affirmed by Operation of Law
1. APPEAL AND ERROR — Supreme Court — En Banc — Equally Divided — Affirmed by Operation of Law. Because the supreme court, acting en banc, is equally divided in opinion, the judgments of the trial courts stand affirmed by operation of law.
Appeal from the District Court of San Miguel County, Honorable Fred Calhoun, Judge, No. 28104, Honorable Jerry D. Lincoln, Judge, No. 28111.
William D. Harmsen, District Attorney, Christopher Seidman, Deputy, for plaintiff-appellant.
Woodrow, Roushar, Weaver Withers, Victor T. Roushar, for defendant-appellee.
[1] These appeals were consolidated and considered by this court with MR. JUSTICE ROVIRA not participating. MR. JUSTICE GROVES, MR. JUSTICE LEE, and MR. JUSTICE ERICKSON would affirm the judgments of the trial courts while MR. CHIEF JUSTICE HODGES, MR. JUSTICE PRINGLE, and MR. JUSTICE CARRIGAN would reverse. Because this court, acting en banc, is equally divided in opinion, the judgments of the trial courts stand affirmed by operation of law. C.A.R. 35(e); City and County of Denver v. Board of County Commissioners, 145 Colo. 451, 359 P.2d 1031 (1961).