¶1For the petitioner-respondent-petitioner the cause was argued by Marguerite M. Moeller, assistant attorney *477 general, with whom on the briefs was James E. Doyle, attorney general.
¶2For the defendant-appellant there was a brief and oral argument by Ellen Henak, assistant state public defender.
¶3¶ 1. PER CURIAM.
¶4The court is equally divided on whether to affirm or reverse the decision of the court of appeals. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice David T. Prosser would affirm; Justice William A. Bablitch, Justice Jon P. Wilcox, and Justice N. Patrick Crooks would reverse. Justice Diane S. Sykes did not participate.
¶5[1]
¶6¶ 2. Accordingly, the decision of the court of appeals is affirmed.
NOTES
¶7[] Motion for reconsideration denied September 21, 2001.