
    Brian Dean WALTON, Petitioner. v. The PEOPLE of the State of Colorado, Respondent.
    No. 02SC60.
    Supreme Court of Colorado, En Banc.
    April 28, 2003.
    Ken Salazar, Attorney General, Wendy J. Ritz Assistant Attorney General, Denver, Colorado, for Petitioner.
    David S8. Kaplan, Colorado State Public Defender, Lisa Weisz, Deputy State Public Defender, Denver, Colorado, for Respondent.
   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. CAR. $5(e).

Justice BENDER, does not participate.  