Richard Allen Scoggins v. The People of the State of Colorado.

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Supreme Court of the State of Colorado 1 2 101 West Colfax Avenue, Suite 800 ¢ Denver, Colorado 80202 3 2012 CO 16 4 5 6 Supreme Court Case No. 10SC15 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 06CA2230 7 Petitioner: 8 Richard Allen Scoggins, 9 v. 0 Respondent: 1 The People of the State of Colorado. 2 3 Judgment Affirmed Without Opinion 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 March 5, 2012 Attorneys for Petitioner: Douglas K. Wilson, Public Defender Ellen Kay Eggleston, Deputy Public Defender Denver, Colorado Attorneys for Respondent: John W. Suthers, Attorney General Clemmie Parker Engle, Assistant Attorney General Denver, Colorado PER CURIAM JUSTICE MÃ RQUEZ does not participate. ¶1 Justice Hobbs, Justice Rice, and Justice Eid are of the opinion that the judgment of the court of appeals, People v. Scoggins, 240 P.3d 331, 334 (Colo. App. 2009), should be affirmed, whereas Chief Justice Bender, Justice Coats, and Justice Boatright are of the opinion that it should be reversed. ¶2 Because the court is equally divided, the decision of the court of appeals is affirmed by operation of law. See C.A.R. 35(e). JUSTICE MÃ RQUEZ does not participate. 2

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