Rodriguez v. People

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Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court s homepage at http://www.courts.state.co.us Opinions are also posted on the Colorado Bar Association homepage at www.cobar.org ADVANCE SHEET HEADNOTE September 20, 2010 No. 09SC132, Rodriguez v. People. By operation of law, the judgment of the court of appeals in Rodriguez v. People, 209 P.3d 1151 (Colo.App.2008) is affirmed by an equally divided court. See C.A.R. 35(e). SUPREME COURT, STATE OF COLORADO 101 West Colfax Avenue, Suite 800 Denver, Colorado 80202 Case No. 09SC132 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 05CA2591 Petitioner: Karen S. Rodriguez, v. Respondent: The People of the State of Colorado. JUDGMENT AFFIRMED BY OPERATION OF LAW EN BANC September 20, 2010 Samler and Whitson, P.C. Eric A. Samler Denver, Colorado Attorneys for Petitioner John W. Suthers, Attorney General Katharine J. Gillespie, Assistant Attorney General Denver, Colorado Attorneys for Respondent PER CURIAM. JUSTICE BENDER does not participate. Justice Rice, Justice Coats and Justice Eid are of the opinion that the judgment of the court of appeals in Rodriguez v. People, 209 P.3d 1151 (Colo.App.2008) 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. See

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