Opinion
No. 83SC117
Decided October 15, 1985. Rehearing Denied November 4, 1985.
Certiorari to the Colorado Court of Appeals
David F. Vela, Colorado State Public Defender, Terri L. Brake, Deputy State Public Defender, Claire Levy, Deputy State Public Defender, for Petitioner.
Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Joel W. Cantrick, Solicitor General, Nathan B. Coats, Assistant Attorney General, for Respondent.
EN BANC
This case has been heard and reviewed by the court. Chief Justice Quinn, Justice Erickson, and Justice Rovira favor affirmance of the judgment of the Court of Appeals. People v. Youngs, 665 P.2d 143 (Colo.App. 1983). Justice Dubofsky, Justice Lohr, and Justice Neighbors are in favor of reversal. Justice Kirshbaum delivered the opinion of the Court of Appeals and did not participate.
Accordingly, the judgment is affirmed by operation of law because of an equally divided court. C.A.R. 35(e).